OSMAN v. ROMANIA - 59362/14 (Judgment : Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) Violation of Article 3...) French Text [2017] ECHR 352 (11 April 2017)

OSMAN v. ROMANIA - 59362/14 (Judgment : Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) Violation of Article 3...) French Text [2017] ECHR 352 (11 April 2017)

The applicant sustained serious injuries shortly after police interrogation, with no plausible alternative explanation provided by the state. Procedural deficiencies and lack of effective investigation violated Article 3 ECHR. No sufficient evidence supported the discrimination claim under Article 14.

Source-derived case information.

Citation
[2017] ECHR 352
Parties
Applicant: Ionel Osman; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 3 ECHR (material and procedural); Article 14 claim rejected
Legal Topics
Prohibition of Torture, Degrading Treatment, Effective Investigation, Discrimination
Human Rights Law Criminal Procedure Prohibition of Torture Degrading Treatment Effective Investigation Discrimination

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Parties

Ionel Osman

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the applicant was subjected to degrading treatment by police in violation of Article 3 ECHR
  2. 2 Whether the investigation into alleged police violence was effective under Article 3 ECHR
  3. 3 Whether there was discrimination based on Roma ethnicity under Article 14 ECHR

Ratio Decidendi

The applicant sustained serious injuries shortly after police interrogation, with no plausible alternative explanation provided by the state. Procedural deficiencies and lack of effective investigation violated Article 3 ECHR. No sufficient evidence supported the discrimination claim under Article 14.

Court Disposition

Violation of Article 3 ECHR (material and procedural); Article 14 claim rejected

Orders

  • Romania to pay applicant 11,700 EUR for moral damages
  • Romania to pay applicant 3,736 EUR for costs and expenses