In this article, the author examines the
legacy of Aydin v Turkey ten years after
the European Court of Human Rights'
decision. In Aydin v Turkey, the Court
held that rape could constitute torture
(and did in this case). The author argues
that while all rapes should be found to
satisfy the minimum threshold for Article
3 on the ground that European societies
treat rape as a crime of particular
gravity, rape does not per se satisfy the
severity of harm criterion for torture.
She argues, however, that where the
severity of harm criterion is established,