POP v. ROMANIA - 71908/14 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) French Text [2018] ECHR 845 (16 October 2018)

POP v. ROMANIA - 71908/14 (Judgment : Article 3 - Prohibition of torture : Fourth Section Committee) French Text [2018] ECHR 845 (16 October 2018)

The applicant sustained injuries requiring 8-9 days of medical care while under police control, with no plausible alternative explanation provided by the Government. The absence of documentation and the lack of a credible account from the State led the Court to find a violation of Article 3 ECHR (material aspect).

Citation
[2018] ECHR 845
Parties
Applicant: Darius-Doinel Pop; Respondent: Romania
Jurisdiction
European Union
Judgment Date
16 October 2018
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 3 ECHR (material aspect) found; just satisfaction awarded.
Legal Topics
Prohibition of Torture, Police Misconduct, Effective Investigation, Article 3 ECHR
Human Rights Law Criminal Procedure Prohibition of Torture Police Misconduct Effective Investigation Article 3 ECHR

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Parties

Darius-Doinel Pop

Applicant

Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

Legal Issues

  1. 1 Whether the applicant was subjected to torture or inhuman or degrading treatment by police in violation of Article 3 ECHR
  2. 2 Whether the authorities conducted an effective investigation into the applicant's allegations

Ratio Decidendi

The applicant sustained injuries requiring 8-9 days of medical care while under police control, with no plausible alternative explanation provided by the Government. The absence of documentation and the lack of a credible account from the State led the Court to find a violation of Article 3 ECHR (material aspect).

Court Disposition

Violation of Article 3 ECHR (material aspect) found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 9,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay the applicant 1,445 EUR for costs and expenses within three months.