DOICIU v. ROMANIA - 1454/09 - Chamber Judgment (French Text) [2015] ECHR 448 (05 May 2015)

DOICIU v. ROMANIA - 1454/09 - Chamber Judgment (French Text) [2015] ECHR 448 (05 May 2015)

The applicant suffered injuries at the hands of police while in custody, as confirmed by medical evidence. The authorities failed to provide a satisfactory explanation for these injuries. The investigation was unduly delayed, lacked independence, and resulted in no effective sanction, amounting to a violation of...

Source-derived case information.

Citation
[2015] ECHR 448
Parties
Applicant: Anca Cătălina Doiciu (formerly Harco); Respondent: Romanian Government
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Final Judgment After Full Merits Hearing
Outcome
Application partly allowed; violations found; compensation awarded.
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment, Obligation to Conduct Effective Investigation, Right to a Fair Trial Within Reasonable Time, State Liability for Police Misconduct
Human Rights Law Criminal Law Civil Procedure Prohibition of Torture and Inhuman or Degrading Treatment Obligation to Conduct Effective Investigation Right to a Fair Trial Within Reasonable Time State Liability for Police Misconduct

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 38 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Anca Cătălina Doiciu (formerly Harco)

Applicant

Romanian Government

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Final Judgment After Full Merits Hearing

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment by police in violation of Article 3 of the Convention
  2. 2 Whether the authorities conducted an effective investigation into the applicant's allegations of police ill-treatment (procedural aspect of Article 3)
  3. 3 Whether the length of proceedings violated Article 6 § 1 (right to a hearing within a reasonable time)

Ratio Decidendi

The applicant suffered injuries at the hands of police while in custody, as confirmed by medical evidence. The authorities failed to provide a satisfactory explanation for these injuries. The investigation was unduly delayed, lacked independence, and resulted in no effective sanction, amounting to a violation of both the substantive and procedural limbs of Article 3. The excessive duration of proceedings was subsumed under the Article 3 procedural violation, and no separate issue arose under Article 6.

Court Disposition

Application partly allowed; violations found; compensation awarded.

Orders

  • The Court finds a violation of the substantive aspect of Article 3 of the Convention.
  • The Court finds a violation of the procedural aspect of Article 3 of the Convention.