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CNAA / Theses / 2011 / June /

"National and international legal aspects of torture and of inhuman and degrading treatment

Author: Bolocan-Holban Augustina
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University


The thesis was presented on the 28 June, 2011
Approved by NCAA on the 5 October, 2011


Adobe PDF document1.87 Mb / in romanian


torture, inhuman treatment, degrading treatment, the European Court of Human Rights jurisprudence, „the minimum threshold of severity”, the European Committee for the Prevention of Torture (CPT), organizing or instigating acts of torture, legal research of cases of torture, international documents


The structure of the study: the thesis contains an introduction, three chapters, conclusions, recommendations, bibliography of 137 sources, 3 appendices, 128 pages of basic text. The achieved results have been reflected in 7 scientific publications on the theme of the thesis.

The field of the study: criminal law (special part) and international law in addition. Purpose of the study: multidimensional and complex research of the phenomenon of torture, inhuman and degrading treatment, both at the national and international level.

The objectives of the study: analysis of the situation in the field of torture and ill-treatment from doctrinal, regulatory and international aspects; determination and analysis of international documents that incriminate torture and ill-treatment; making in the light of ECHR jurisprudence the distinguish of torture from inhuman and degrading treatment; legal investigation of cases of torture, inhuman and degrading treatment; characterization of Article 3 of the European Convention on Human Rights; criminal analysis of the ‚torture’ corpus delicti, provided in art. 3091 C.C.R.M.

The methodology of the scientific research: for drafting the study has been used a wide range of investigative methods, including: method of analysis, comparative method, logical method. Scientific novelty of the results: the novelty lies in the fact that for the first time it has been tried to study the issue of torture and ill treatment from various aspects, given the existent gaps in criminal law, offering improvements and suggestions of lege ferenda in this regard, as well a comprehensive analysis of ECHR jurisprudence in said matter. The scientific problem which has been solved consists of delimitation between torture and other similar crimes, at the same time the distinction between torture and inhuman treatment based on ECHR jurisprudence.

Theoretical importance and practical value of the study: the theoretical value of the study is expressed by the multitude of opinions and suggestions, ascertainments regarding problems of qualification, the comprehensive analysis of international documents governing torture and illtreatment, as well the legal research of cases of torture under the Istanbul Protocol. The practical value is to use the results of the study within the scientific activity, the process of didactics, the daily activity of the prosecution bodies, the process of law-making.

Implementation of scientific results: the ascertainments of the study were displayed in a number of scientific publications, including at the International scientific-practical Conference „Reaffirming the fundamental rights and freedoms at 60 years of the Universal Declaration of Human Rights” (Chisinau, 12 December 2008).