Articolul 3 din Convenție. Interzicerea relelor tratamente. Încălcare. Aspecte material. Aspect procedural
Article 3 of the Convention. Prohibition of ill-treatment. Violation. Material aspect. Procedural aspect

Summary/Abstract: Out of art. 3 of the Convention it results the general principle of non-ill-treatment and the obligation of the State authorities to carry out an effective investigation. The failure of the domestic authorities to demonstrate the proportionality between the force involved and the applicants' conduct led the Court to conclude that there had been a breach of the substantive component of art. 3 of the Convention. In addition, in order for an investigation into ill-treatment by state agents to be effective, it is necessary for the persons in charge of its conduct to be independent of those involved in the events. This implies not only the absence of any hierarchical or institutional connection, but also a practical independence. In the case, the investigation was carried out by the internal control office of the Bucharest police, which is not compatible with this principle, which implies the lack of hierarchical or institutional link between the persons in charge of carrying out the investigations and those involved in the investigated facts. The national authorities did not remedy, at a later stage in the investigation, the lack of impartiality with regard to the police officers accused of ill-treatment, so the Court considered that the authorities did not conduct an impartial and effective investigation into the applicants' allegations were subjected to ill-treatment and found a violation of the procedural component of art. 3 of the Convention.

• Details
• Contents