ATAUN ROJO v. SPAIN - 3344/13 - Chamber Judgment (French Text) [2014] ECHR 1034 (07 October 2014)

ATAUN ROJO v. SPAIN - 3344/13 - Chamber Judgment (French Text) [2014] ECHR 1034 (07 October 2014)

Spain violated its procedural obligations under Article 3 ECHR by failing to conduct a sufficiently thorough and effective investigation into the applicant's credible allegations of ill-treatment during incommunicado detention. The authorities did not pursue reasonable lines of inquiry, such as identifying and...

Source-derived case information.

Citation
[2014] ECHR 1034
Parties
Applicant: Oihan Unai Ataun Rojo; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 3 ECHR (procedural limb) found; just satisfaction awarded.
Legal Topics
Right to Effective Investigation, Prohibition of Torture, Detention Incommunicado, Procedural Obligations Under Article 3 ECHR
Human Rights Law Criminal Procedure Right to Effective Investigation Prohibition of Torture Detention Incommunicado Procedural Obligations Under Article 3 ECHR

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Oihan Unai Ataun Rojo

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether Spain failed to conduct an effective investigation into allegations of ill-treatment during incommunicado detention, in violation of Article 3 of the European Convention on Human Rights.

Ratio Decidendi

Spain violated its procedural obligations under Article 3 ECHR by failing to conduct a sufficiently thorough and effective investigation into the applicant's credible allegations of ill-treatment during incommunicado detention. The authorities did not pursue reasonable lines of inquiry, such as identifying and interviewing police officers involved or securing relevant evidence, and thus did not meet the requirements of an effective investigation.

Court Disposition

Violation of Article 3 ECHR (procedural limb) found; just satisfaction awarded.

Orders

  • Spain to pay the applicant 20,000 EUR for non-pecuniary damage.
  • Spain to pay the applicant 4,000 EUR for costs and expenses.