«ABSOLUTE» PTOHIBITION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT IN ACCORDANCE WITH ARTICLE3 OF THE ECHR: AN INSSTRUMENT FOR THE IMPROVEMENT OF THE RIGHTS OF IMPRISONMENT

The scope of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is analyzed. Based on the decisions of the ECtHR, the differentiation of the concepts of torture and inhuman treatment was investigated. Attention is drawn to the absolute nature of Article 3 of the ECHR. The article identifies types of positive obligations of the state, taking into account the case-law of the ECtHR.