The present thesis deals with the implementation of the ECHR in Austria and in particular with the contained prohibition of torture or inhuman or degrading treatment or punishment (Article 3). Furthermore, the fifth report of the Committee for the Prevention of Torture (CPT) is still considered. One might think that the time of application to torture, inhuman or degrading treatment or punishment is long gone, but this thesis proved us wrong. The thesis is divided into three chapters: Chapter one deals with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in view of their origin, content and implementation. In chapter two the prohibition of torture or inhuman or degrading treatment or punishment get analyzed. This raises the question of a "torture paragraph" in the Austrian Criminal Code. Exists such a paragraph in the Austrian Criminal Code? Moreover, the thesis includes the visit of the Torture Committee in the space of time from 15 to 25th February 2009 and also the Government response about the former situation in Austria. The third chapter deals with the European Court of Human Rights. This paper briefly discusses the structure of the Court, the legal system of the European Court of Human Rights and also the judgment effects. Finally the cases Bakary J and Ewald W get explained as well as the legal consequences for Austria with regard to violations of Article 3 ECHR.