CAZANBAEV v. THE REPUBLIC OF MOLDOVA - 32510/09 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 89 (19 January 2016)

CAZANBAEV v. THE REPUBLIC OF MOLDOVA - 32510/09 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2016] ECHR 89 (19 January 2016)

The Court found that the force used by police during the applicant's arrest was not strictly necessary or proportionate, resulting in injuries to vital organs, and that the authorities failed to conduct a prompt, thorough, and effective investigation into the applicant's credible allegations of ill-treatment, thus...

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Citation
[2016] ECHR 89
Parties
Applicant: Iurie Cazanbaev (substituted by Tatiana Topală); Respondent: The Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Application allowed in part; violation of Article 3 found (both substantive and procedural limbs)
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment, Obligation to Conduct Effective Investigation, Police Misconduct, State Responsibility
Human Rights Law Criminal Law Prohibition of Torture and Inhuman or Degrading Treatment Obligation to Conduct Effective Investigation Police Misconduct State Responsibility

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Parties

Iurie Cazanbaev (substituted by Tatiana Topală)

Applicant

The Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  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 ill-treatment

Ratio Decidendi

The Court found that the force used by police during the applicant's arrest was not strictly necessary or proportionate, resulting in injuries to vital organs, and that the authorities failed to conduct a prompt, thorough, and effective investigation into the applicant's credible allegations of ill-treatment, thus violating both the substantive and procedural limbs of Article 3 of the Convention.

Court Disposition

Application allowed in part; violation of Article 3 found (both substantive and procedural limbs)

Orders

  • The respondent State must pay 12,000 EUR for non-pecuniary damage to the applicant's heir within three months.
  • The respondent State must pay 1,500 EUR for costs and expenses to the applicant's heir within three months.