GRAMADA v. ROMANIA - 14974/09 - Chamber Judgment (French Text) [2014] ECHR 141 (11 February 2014)

GRAMADA v. ROMANIA - 14974/09 - Chamber Judgment (French Text) [2014] ECHR 141 (11 February 2014)

The Court found that the police officer's use of force was excessive and not sufficiently justified, and that the investigation was inadequate, failing to establish key facts and omitting essential measures. The applicant's compensation was insufficient to remedy the violation of Article 3.

Source-derived case information.

Citation
[2014] ECHR 141
Parties
Applicant: Liviu Grămadă; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 3 of the Convention found; partial compensation awarded
Legal Topics
Excessive Use of Force, Legitimate Defence, Effective Investigation, Compensation for Moral Damages
Human Rights Criminal Law Civil Law Excessive Use of Force Legitimate Defence Effective Investigation Compensation for Moral Damages

Source-derived case record

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Parties

Liviu Grămadă

Applicant

Government of Romania

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment contrary to Article 3 of the Convention
  2. 2 Whether the investigation into the incident was effective
  3. 3 Whether partial compensation for damages violated Article 1 of Protocol No. 1

Ratio Decidendi

The Court found that the police officer's use of force was excessive and not sufficiently justified, and that the investigation was inadequate, failing to establish key facts and omitting essential measures. The applicant's compensation was insufficient to remedy the violation of Article 3.

Court Disposition

Violation of Article 3 of the Convention found; partial compensation awarded

Orders

  • State must pay applicant 4,000 EUR for moral damages within three months, plus any applicable taxes, converted at the applicable rate.
  • Interest at the ECB marginal lending rate plus three percentage points applies after the deadline until payment.