Die prozessuale Durchsetzung des Schutzes aus Artikel 3 EMRK in der polnischen Rechtsordnung

According to article 3 of the European Convention on Human Rights nobody can be exposed to torture or inhuman or degrading treatment or punishment. It is the only regulation that knows no restrictions at all, and applies all individuals who are under territorial executive power of a contracting party. Consequently, primary the article refers to tortures and degrading treatment concern. However, the European Court on Human Rights in Strasbourg has adjudicated that a deportation or expulsion can contradict article 3 ECHR (in the Soering vs. United Kingdom case in particular). It is very important now, when countries of western Europe and recently even the Czech Republic and Poland are inclined to use the 'closed doors' principles.