Dmytro Yagunov. Deviant State in the Context of the Anti-Torture Policy

Coming back to the issue of the “anti-torture criminal code”, we must point out the problem which is a blurring of borders between “torture” and “other forms of ill-treatment”. Also, it is a process of a permanent increase in actions that are considered as “ill-treatment”. Consequently, the process of increasing of an flexible list of “the State’s torture crimes” shapes a structural problem in the following system of coordinates: 1) the obligations according to the ECHR and the ECtHR case law; 2) increasing scope of the CPT standards; 3) limited resources of States for the places of detention.