‘Cruelty-an Analysis’ John Cooper QC Diary of Insights, Thoughts, Reflections

Cited Cases: Tomasi v France 20k words divided into 3000 words per page = 6 pages

S v Makwanyane and Another (CCT3/94) [1995] ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391; [1996] 2 CHRLD 164; 1995 (2) SACR 1 (6 June 1995)

55k words divided into Pages of 3000 words = 18 pages

Al -Adsani v United Kingdom

I am fucked if I cannot read Law Books properly whether or not they are aimed at Beginners immaterial because the real work starts here.

European   Judgments are long buggers because of the legal journey each Case goes through to reach  the European Courts. this is a major lesson that cannot be ignored as European Law is too important to be neglected in the scheme of things.


Article 3 looks both interesting and important.

definitely applies to Child Abuse Cases where victims are forced to experience INFERIORITY.VULNERABILITY AND DEPRIVATION OF LIBERTIES.

‘Article 3 must be, along with the right to life be one of the inviolate parts of the Convention

THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS In the back pages there are extensive Indexes of Human Rights Provisions which are put down in exhaustive detail.

Case Law

Tomasi v France injuries visited on person BY THE POLICE

Al-Adsani v United Kingdom (Observe Person v Nation States!)

Rights able to be interpreted in the light of prevailing countries culture

Fair Trial Article 6

Freedom of Expression

Freedom of Thought

Freedom of Conscience and Religion

JC’s Fundamental Thesis is to do with Justice.Justice is a fundamental canonical virtue and Modus operandi with its pursuits and limitations.

Prohibition on Torture, Inhumane and Degrading Treatment or Punishment a Universal Human Right must be inviolate xxxx of the Convention.even this is open to debate!!! (1,John Cooper)

ECHR this Right cannot be limited in times of War or National Emergency.

DIAGRAM HERE Setting of the Threshold = no of Cases that could potentially result

Minimum Severity Thresholds/Risk/s Minimum Severity best way to pitch threshold in order to prevent Violations of Article 3.

Extremely slight INJURIES INFERIORITY role of INFERIORITY in setting Threshold. Risks to those who may be liable under the Legislation.

Police Stations


Other places where?

Care Homes

Residential Homes

OAP Homes

Supported Housing

Homeless Shelters




Ordinary Domestic Homes

Vulnerable people would IMHO be more at risk of Article 3 Violations, but in reality ALL people are at risk to greater and lesser degrees depending on ability to self-protect self.



  2. Vulnerability
  3. Liberty deprived of in situation warranting Case deprivation of liberty


How Torture is defined in the law by Case Law ( Case Law plus exact relevant Articles including Article 8)

How inhumane and degrading treatment is defined.

Governments have to state in terms of the Criminal Law what constitutes Offences under Article 3.

To not do so is to deny justice as not defined in Criminal Law.

Legal Awareness of Governments factor here.

“Some interesting Cases: Tomasi v France, Ad-Adsani v United Kingdom
and S v Mayanwaysnne to do with marginalisation.I am tempted to read this book fast and slow!”
page 7

“There is more to Article 3 than meets the eye..all the same there has to be limits to the Law as well as provisons/thresholds.”
page 10

“Article 3 looks indispensable to the conduct of Justice. In the first few pages there is a Case.”
page 10

“Read it to get it done: first read, read it to get Cases wherever available second read, keep a Journal on Blog?”
page 10

“Tomasi v France 18k words, Al-Adsani v United Kingdom a massive 55k words. And that’s just for starters. How do I get it done when these Cases are as big as Research Projects in their own Rights stemming as they do from the European Courts that have seen a legal story of many courts,judges and judgments. How to read a bloody[good and interesting] law book help!”
page 18

“What constitutes Torture and what doesn’t even if on appearance it IS Torture. Govts have to state what are Criminal Offences under Article 3.
Lots of Cases cited,a book thus far read that is written in a most thorough diligent manner.”
page 18

“What is Inhumane and Degrading Treatment under the Law and what is Torture; important distinctions as outlined in Judgements including Dissenting and extensive Case Law with EHRR as suffix?”
page 18

“I may need to read this book at least twice if not three times to get it. Case Law if I can get access no matter how long the Judgment is par for the Course. I am NOT a #lawstudent but praise be…”


The Standard Burden of Proof is the Criminal Defence of   ‘Beyond Reasonable Doubt’ (Doctrine)









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