Question 1

• Consider whether there is state responsibility under the Convention (i.e. a UK obligation at international law, as distinct from under the HRA 1998) for suffering in a private care home. (See, in particular, 9.4.4)

• Does it matter that the suffering is not inflicted by a state agent and may not have been inflicted deliberately in order to punish or obtain information, etc? (See 9.8)

• If there is responsibility is a breach of Article 3 disclosed and does the treatment meet the threshold of severity? (See 9.2.2 and 9.3., consider examples from 9.8)

Question 2

• Is this "torture" or "inhuman treatment"? What are the important points for determining the distinction? (See 9.3) (Consider Ireland v United Kingdom; note that the threshold of severity is context dependent and can change over time; compare with, for example, Aksoy v Turkey and Selmouni v France.)

• Can the threshold of seriousness (i.e., both for the relevance of Article 3 and for the "torture" / "inhuman treatment" border) be determined by balancing the public good (perhaps saving the life of the child) with the degree of suffering of the individual? (See 9.3.4).

• Would such treatment be justified? (bare in mind that the suspect may be innocent) – consider the debate at the end of 9.5.4.