It requires the ECHR judgement. Then and only then will the last of the doubters (the sane ones) be persuaded. Importantly, Amanda will probably come to value the ECHR report more than Marasca's. The insane doubters will probably argue that Gogerty Marriott bought Strasbourg.
Here is another relevant quote from Bouyid v Belgium [GC] 23380/09:
86. Ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this minimum depends on all the circumstances of the case, such as the duration of the treatment, its physical or mental effects and, in some cases, the sex, age and state of health of the victim (see, among other authorities, Ireland v. the United Kingdom, cited above, § 162; Jalloh, cited above, § 67; Gäfgen, cited above, § 88; El-Masri, cited above, § 196; and Svinarenko and Slyadnev, cited above, § 114). Further factors include the purpose for which the ill-treatment was inflicted, together with the intention or motivation behind it (compare, inter alia, Aksoy v. Turkey, 18 December 1996, § 64, Reports 1996‑VI; Egmez v. Cyprus, no. 30873/96, § 78, ECHR 2000‑XII; and Krastanov v. Bulgaria, no. 50222/99, § 53, 30 September 2004; see also, among other authorities, Gäfgen, cited above, § 88; and El-Masri, cited above, § 196), although the absence of an intention to humiliate or debase the victim cannot conclusively rule out a finding of a violation of Article 3 (see, among other authorities, V. v. the United Kingdom [GC], no. 24888/94, § 71, ECHR 1999‑IX; and Svinarenko and Slyadnev, cited above, § 114). Regard must also be had to the context in which the ill-treatment was inflicted, such as an atmosphere of heightened tension and emotions (compare, for example, Selmouni, cited above, § 104; and Egmez, cited above, § 78; see also, among other authorities, Gäfgen, cited above, § 88).
87. Ill-treatment that attains such a minimum level of severity usually involves actual bodily injury or intense physical or mental suffering.
However, even in the absence of these aspects, where treatment humiliates or debases an individual, showing a lack of respect for or diminishing his or her human dignity, or arouses feelings of fear, anguish or inferiority capable of breaking an individual’s moral and physical resistance, it may be characterised as degrading and also fall within the prohibition set forth in Article 3 (see, among other authorities, Vasyukov v. Russia, no. 2974/05, § 59, 5 April 2011; Gäfgen, cited above, § 89; Svinarenko and Slyadnev, cited above, § 114; and Georgia v. Russia (I), cited above, § 192). It should also be pointed out that it may well suffice that the victim is humiliated in his own eyes, even if not in the eyes of others (see, among other authorities, Tyrer v. the United Kingdom, 25 April 1978, § 32, Series A no. 26; and M.S.S. v. Belgium and Greece [GC], no. 30696/09, § 220, ECHR 2011).
88. Furthermore, in view of the facts of the case, the Court considers it particularly important to point out that,
in respect of a person who is deprived of his liberty, or, more generally, is confronted with law-enforcement officers, any recourse to physical force which has not been made strictly necessary by his own conduct diminishes human dignity and is, in principle, an infringement of the right set forth in Article 3 (see, among other authorities, Ribitsch, cited above, § 38; Mete and Others, cited above, § 106; and El-Masri, cited above, § 207).
89. The word “dignity” appears in many international and regional texts and instruments (see paragraphs 45-47 above). Although the Convention does not mention that concept – which nevertheless appears in the Preamble to Protocol No. 13 to the Convention, concerning the abolition of the death penalty in all circumstances – the Court has emphasised that respect for human dignity forms part of the very essence of the Convention (see Svinarenko and Slyadnev, cited above, § 118), alongside human freedom (see C.R. v. the United Kingdom, 22 November 1995, § 42, Series A no. 335‑C; and S.W. v. the United Kingdom, 22 November 1995, § 44, Series A no. 335‑B; see also, among other authorities, Pretty v. the United Kingdom, no. 2346/02, § 65, ECHR 2002‑III).
