Taking into account the previously mentioned
Dec 31, 2023 0:25:40 GMT -6
Post by account_disabled on Dec 31, 2023 0:25:40 GMT -6
Aby the plaintiff in the criminal complaint but only limited itself to stating the lack of certain elements to prove the thesis of criminal liability without examining whether this lack of evidence was the result of deficiencies in the investigation. . in this context and without questioning the Governments reasoning regarding the legal classification of the facts in the case and in particular the existence of the intention to concretely establish the existence of an offense in Romanian criminal law above point the Court observes that it intervenes after the occurrence of the.
Facts and that the national authorities which had the task of Country Email List carrying out an effective investigation in the case did not in any case proceed with such reasoning . with regard to the Governments argument based on the possibility of the applicant filing a civil action for compensation above point the Court recalls that it has already found that if the authorities were limited to reacting in case of deliberate illtreatment applied by state representatives only by granting a simple indemnity without fighting to pursue and punish those responsible state agents could in some cases have violated the rights of persons practically under their control with absolute impunity and the absolute legal.
Prohibition of torture and of inhuman or degrading treatments would be devoid of useful effect despite its fundamental importance see in this sense Gfgen v. Germany MC no. . point ECHR with cited references. . elements the Court considers that the applicant did not benefit from an effective investigation consequently it concludes in the sense of the procedural violation of art. of the Convention. II. Regarding the alleged violation of art. of the Convention . The plaintiff also complains that he was seized on July in CRs office to sign against his will a report drawn up by the latter.
Facts and that the national authorities which had the task of Country Email List carrying out an effective investigation in the case did not in any case proceed with such reasoning . with regard to the Governments argument based on the possibility of the applicant filing a civil action for compensation above point the Court recalls that it has already found that if the authorities were limited to reacting in case of deliberate illtreatment applied by state representatives only by granting a simple indemnity without fighting to pursue and punish those responsible state agents could in some cases have violated the rights of persons practically under their control with absolute impunity and the absolute legal.
Prohibition of torture and of inhuman or degrading treatments would be devoid of useful effect despite its fundamental importance see in this sense Gfgen v. Germany MC no. . point ECHR with cited references. . elements the Court considers that the applicant did not benefit from an effective investigation consequently it concludes in the sense of the procedural violation of art. of the Convention. II. Regarding the alleged violation of art. of the Convention . The plaintiff also complains that he was seized on July in CRs office to sign against his will a report drawn up by the latter.