Insufficient investigations regarding mistreatment of a prisoner while in police custody.
JUDGMENT
Andersen v. Greece 26.04.2018 (no. 42660/11)
SUMMARY
Capture for theft. Complaint about the use of force during his detention and protest for administrative and judicial inquiries. Violation of Article 3 for incomplete and ineffective inquiries to find and search about inhuman or degrading treatment. Article 3 was not violated for ill-treatment because the injuries occurred during the arrest.
PROVISION
Article 3
PRINCIPAL FACTS
The applicant, Ilyas Andersen, is a Norwegian national who was born in 1960 and lives in Malmö (Sweden). The case concerned allegations of ill-treatment suffered by Mr Andersen while in police custody.
In 2008 Mr Andersen was arrested by the police in Thessaloniki (Greece) for robbery. At first instance he was sentenced to six months and 10 days’ imprisonment. On appeal the offences were declared statute-barred. Mr Andersen alleged that he had been the victim of ill-treatment during his time in custody. He therefore applied to the Ombudsman and lodged a complaint with the Public Prosecutor’s Office. The administrative investigation concluded that Mr Andersen had fallen from a wall while attempting to escape and that the police officers had had to use force in order to arrest him. The prosecution dismissed Mr Andersen’s complaint on the grounds that the injuries had been justified by the violence necessitated by his arrest.
Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, Mr Andersen alleged that he had suffered violence at the hands of the police officers while in custody. He also complained about the administrative and judicial investigations.
THE DECISION OF THE COURT
Violation of Article 3 (investigation)
No violation of Article 3 (treatment)
Just satisfaction: 10,000 euros (EUR) (non-pecuniary damage)(echrcaselaw.com editing).
