IN PRACTICE, the prohibition of torture applies, for example to…
… police brutality during interrogation: the interrogation techniques used by the law enforcement agencies must comply with the rights guaranteed by Article 3.
In 2007, the Court found that there had been a violation of Article 3 in the Mammadov v. Azerbaijan case. Sardor Jalaloglu Mammadov, Secretary General of the Democratic Party of Azerbaijan, (one of the opposition parties that considered the results of the October 2003 presidential elections to be illegitimate) was arrested and taken into police custody on 18 October 2003. The Court found that Mr Mammadov had been tortured while in police custody and that the authorities had not carried out an effective investigation into his allegations of torture.
… extradition and deportation: the Court may find that there has been a violation of Article 3 if the extradition or deportation of an individual to another country could entail a real danger of his or her being subjected to ill-treatment.
In 2008, the Court found that there had been a violation of Article 3 in the Saadi v. Italy case. The case concerned the possible deportation of Nassim Saadi to Tunisia, where he claimed to have been sentenced in 2005, in his absence, to 20 years’ imprisonment for membership of a terrorist organisation acting abroad in peacetime and for incitement to terrorism. The Court held that if the decision to deport the applicant to Tunisia were to be enforced, there would be a violation of Article 3.