223. The prohibition of torture and inhuman or degrading treatment or punishment under the European Convention on Human Rights.

The European Convention on Human Rights provides that no one shall be subjected to torture or to inhuman or degrading treatment or punishment1. The prohibition is a 'Convention right' for the purposes of the Human Rights Act 1998 and it is therefore unlawful as a matter of English law for any public authority to act incompatibly with it2. The prohibition against torture is an absolute right that permits of no exceptions, qualifications or excuses irrespective of the conduct of the person subjected to ill treatment or the harm it is considered such treatment might avert