CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 5 juin 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .sE208486F { font-family:Arial; color:#ff0000 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s79DE5897 { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; page-break-inside:avoid; page-break-after:avoid } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA20670C4 { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s59DEA84 { margin-top:12pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .s8EB5F569 { font-family:Arial; font-size:6.67pt; vertical-align:super } .s5E503E34 { width:34.45pt; text-indent:0pt; display:inline-block } .sBB355983 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s4BAE41EE { font-family:Arial; font-size:11pt } .s583D00FA { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s26FF04E7 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt } .s64E792FA { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt } .s4B243ECC { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; page-break-inside:avoid; page-break-after:avoid } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .sF3B96856 { width:11.87pt; display:inline-block } .s9A72FAFE { width:198.43pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block }         THIRD SECTION               CASE OF KHANI KABBARA v. CYPRUS   (Application no. 24459/12)                 JUDGMENT     STRASBOURG     5 June 2018     FINAL   05/09/2018   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of Khani Kabbara v. Cyprus, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Helena Jäderblom, President,   Branko Lubarda,   Helen Keller,   Pere Pastor Vilanova,   Alena Poláčková,   Georgios A. Serghides,   Jolien Schukking, judges, and Fatoş Aracı, Deputy Section Registrar, Having deliberated in private on 15 May 2018, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 24459/12) against the Republic of Cyprus lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Canadian national, Mr Hani Abdul Khani Kabbara (“the applicant”), on 29 March 2012. 2.     The applicant was represented by Mr L. Loucaides, a lawyer practising in Nicosia. The Cypriot Government (“the Government”) were initially represented by their Agent, Mr P. Clerides, Attorney General of the Republic of Cyprus, and subsequently by Mr C. Clerides, his successor as Attorney General. 3.     The applicant complained that he had been subjected to treatment in violation of Article 3 of the Convention by police officers during his detention at Limassol central police station (“the police station”) and that no effective investigation had been carried out by the authorities into his complaint. 4.     On 7 November 2012 the above complaints were communicated to the Government. 5.     On 10 July 2014 the President of the Section to which the case had been allocated decided under Rule 54 § 2 (a) and (c) of the Rules of Court to request the parties to submit additional factual information and further written observations on the admissibility and merits of the application.   THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicant was born in 1984 and lives in Canada. A.     The applicant’s arrest, detention and alleged ill-treatment 1.     The applicant’s version of events 7.     The applicant’s version of events relating to his encounter with the police, as set out in his application form, is the following. 8.     On 27 February 2011, while in front of an automated teller machine (“ATM”), the applicant was attacked from behind by a police officer and was illegally arrested without a warrant. He was then taken to the police station where he was detained for six hours. Throughout his detention his hands were handcuffed behind his back. 9.     During this period he was tortured by members of the police with the aim of forcing him to confess to the offence of theft through the use of a forged credit card. The applicant was repeatedly beaten with a wooden stick all over his body and his head until he lost consciousness, beaten with a metallic chair while lying on the floor, punched on the body and face and kicked and punched on the head, nose and mouth, causing one of his teeth to break. He also received blows to the region that the police officers had been informed he had been operated on (the applicant does not give any clarifications in this respect). The above acts were accompanied by death threats. The officers refused to give him his asthma medicine. They also refused to take him to hospital until his lawyer at the time, C.H., intervened. 10.     At around 3.30 p.m. the same day, following C.H.’s request, the applicant was taken to hospital because of his injuries. He overheard the police officers telling the doctor that he had fallen to the ground. One of the police officers then took the doctor aside and started talking to him in private. The applicant was not given painkillers by the doctor until the Honorary Consul of Canada in Cyprus (“the Canadian Consul”) visited him. The Canadian Consul asked the attending doctor the reasons for which the applicant had ended up in hospital and was in such a bad condition. The doctor informed her that there was nothing wrong with the applicant and that he had simply examined his pancreas. No other explanation was given. 2.     The Government’s version of events derived from the investigation files 11.     On 27 February 2011 the police were informed by a card payment and processing company of illegal withdrawals with a fake credit card from an ATM of a bank in Limassol. Special Constable G.S. from the police traffic department, who was on motorcycle patrol in the area, arrived at the scene and spotted the applicant in front of the ATM. G.S. was in uniform and wearing a helmet. According to G.S.’s account of the events, he approached the applicant from behind and touched his left shoulder. He then said “police” and asked him, both in Greek and in English, to identify himself. The applicant did not reply but hit him on the head and stomach and then ran away. G.S. chased the applicant, who at some point fell on the pavement and hit his head. A struggle ensued. G.S. did not hit the applicant but merely tried to handcuff him by holding him with his hands and by pushing him. Special Constable P.K. arrived at the scene and assisted G.S. in arresting the applicant. The applicant was arrested for the flagrant criminal offences of assaulting a police officer and resisting lawful arrest (sections 244 (a) and (b) of the Criminal Code, Cap. 154). Two officers of the Crime Prevention Squad ( Ουλαμός Πρόληψης Εγκλημάτων – “the CPS”), Special Constable C.S. and Senior Constable S.M., arrived at the scene. According to them, when they arrived they found the applicant and G.S. on the ground. The fake credit card had been retained by the ATM and was subsequently retrieved. 12.     After the applicant was handcuffed, he was handed over to C.S. and S.M., who drove the applicant to the police station. 13.     Upon arrival at the police station around 9.30 a.m. the above officers handed over the applicant to Constable P.P., who carried out a body search and confiscated objects found on him, including the amount of 10,000 euros (EUR) in EUR 50 notes. The applicant was then transferred to the Economic Crime Investigations Office ( Γραφείο Διερεύνησης Οικονομικού Εγκλήματος – “the ECID”) where P.P. passed everything he had found on the applicant on to Constable E.L. The applicant was handed over to Constable F.O., who also carried out a body search. At 10 a.m. F.O. handed over the applicant to Inspector I.S., the head of the ECID. At 11.30 a.m. F.O. returned and kept the applicant under his supervision. At 11.45 a.m. the applicant was allowed to call his lawyer, C.H. At 12 noon F.O. handed over the applicant to Constable M.P., who had been appointed as investigator in the case. 14.     Between 1 p.m. and 1.30 p.m. the applicant was interviewed by M.P. with the assistance of an interpreter, S.K. During the interview, only one other officer entered the interview room, Constable A.P. 15 .     At the end of the interview, around 1.35 p.m., the applicant was taken to the detention facilities in the station where Constable C.T. carried out a body search. He recorded injuries in the applicant’s prisoner record. These were: abrasions on the left part of the applicant’s forehead ( αριστερή μετωπιαία χώρα ) and left shoulder blade ( ωμοπλάτη ). The applicant was taken to a cell at approximately 1.45 p.m. 16 .     The applicant was visited by his lawyer, C.H., from 3.05 p.m. until 3.30 p.m. Before leaving the station, C.H. complained to the head of the detention facility, Sergeant P.H., that the applicant had been ill-treated during his arrest, transfer to the station and questioning. 17.     At approximately 3.50 p.m. the applicant was taken to Limassol General Hospital by Constable C.K. and Special Constable D.Y. 18.     In the meantime, at 3.30 p.m., the District Court of Limassol issued an arrest warrant on the grounds that there was a reasonable suspicion based on evidence that the applicant had been involved in a number of offences, including, inter alia , various forgery and theft-related offences, assault occasioning actual bodily harm and resisting lawful arrest. At approximately 4.45 p.m. while the applicant was at the hospital he was presented with the arrest warrant and was detained on that basis. The applicant was guarded by officers at the hospital. 19.     The applicant was discharged from hospital at 11.20 p.m. and was taken back to the detention facilities at the police station. 20.     The next day the applicant was taken to the District Court of Limassol, which ordered his detention on remand for eight days. The court ordered that during his detention the applicant be provided with medical care and treatment and, if need be, that he be taken to hospital. 21.     On 8 March 2011 the court extended the applicant’s detention on remand by a further eight days. 22.     On 16 March 2011 the court ordered his detention pending trial (see   paragraph 64 below). B.     Medical examinations and reports 1.     The applicant (a)     Examinations at Limassol General Hospital on the day of his arrest 23 .     On the day of his arrest, at approximately 4 p.m., the applicant was examined by a pathologist, Dr A.K., at the Emergency Department of Limassol General Hospital. The applicant complained of loss of consciousness after being beaten, dizziness, nausea, a severe headache, neck pain, and a pain in his knee. The pathologist carried out a physical examination. He found that the applicant had a cephalohaematoma ( κεφαλαιμάτωμα ) in the right temporal region; abrasions in the parietal area; abrasions and mild oedema on his nose; bruising of his lower lip; a broken upper incisor ( σπασμένο / διατομή πρόσθιου άνω τομέα οδόντος ); a bruise on the left hemithorax with sensitivity and a few abrasions; oedema and abrasions on both wrists ( πηχεοκαρπικές αμφώ ); a few abrasions on the knees, with no evidence of inflammation; pain during the examination of the movement of the right knee; sensitivity of the upper thoracic vertebra and the upper lumbar spine. The CT scans of the brain, the facial bones and the cervical spine showed no injuries or fractures. There was only loss of neck curve ( ευθειασμός αυχένα ). Furthermore, the X-ray of the thorax and the right knee did not reveal any fractures or fluid in the thorax or the pneumothorax. A splint was placed on the applicant’s right knee and he was prescribed analgesics. The doctor’s final diagnosis was cranio-cerebral injury ( κρανιοεγκεφαλική κάκωση ), neck strain ( θλάση αυχένα ), bruising on the thorax ( κάκωση θώρακα ), bruising on his knee ( κάκωση γονάτου ), and a broken tooth ( διατομή οδόντος ). 24 .     The applicant was also examined by a general surgeon, Dr C.T. The applicant complained of neck and chest pain, a headache and pain in the thoracic spine. The doctor observed that the physical examination ( η   αντικειμενική εξέταση ) was within physiological limits ( εντός φυσιολογικών ορίων ). The surgeon ascertained that the applicant had marks from blows, mainly on his chest and face. (b)     Subsequent medical examinations (i)     Limassol General Hospital 25 .     On 1 March 2011 the applicant was taken to the Emergency Department of Limassol General Hospital owing to vomiting and dizziness. He was examined by Dr Y.I., who observed that the applicant’s external injuries were still there. The results of the physical and clinical examinations were normal. In his report the doctor stated that the applicant had been discharged from hospital at 7 p.m. “feeling very well”. He referred the applicant for an orthopaedic examination the next day. 26 .     On 2 March 2011 the applicant was taken back to the hospital for examination by an orthopaedic surgeon, Dr. P.T. The applicant complained that he had been hit; he also complained of pain in the lumbar spine and an injury to the right knee. Dr P.T. did not ascertain any bone damage or neurological symptomatology ( νευρολογική σημειολογία ). He suggested rest and prescribed analgesics. (ii)     Medical examination by a private practitioner 27 .     On 7 March 2011, following a request by the Canadian Consul, a private practitioner, Dr. S.J – a traumatologist orthopaedic surgeon – visited the applicant at the police station and carried out a medical examination. In his report dated 10 May 2011 he stated, in the original English, as follows: “I visited the patient on the 7 th of March 2011 in the central police station of Limassol. He was complaining of multiple injuries causing him severe pain which did not allow him to come to rest especially at night. During my clinical examination carried out on that day, the patient had restriction in motion due to pain especially during maximal flexion and extension of the lower back. He had pain sensation during the palpation of the soft tissue without any external injuries observed. Further he had a bruise measuring 10 x 5 cm at the left side of the chest at the auxiliary line height which gave him pain during palpation, compression and maximal inspiration. Mr Kabbara further had restriction of motion and muscular tension at the cervical spine region without any pathologic neurologic observation. The patient had a loss of half the left upper incisor tooth with no mobility dysfunction of the jaw. Due to the above injury, Mr Kabbara described severe pain especially in the evening which did not allow him to sleep. I prescribed him anti-inflammatory pain killers on a regular basis. If there was no response to the medication I advised him to contact me again.” 2.     Special Constable G.S. 28 .     On 27 February 2011 Special Constable G.S. also went to Limassol General Hospital, where he was examined by a general practitioner, Dr V.D. He complained that, while he had been trying to arrest someone, he had received a punch on the head. As, however, he had been wearing a helmet there had been no bruising. He also complained that he had been kicked in the stomach, had fallen backwards to the ground and hit the right side of his hip. X-rays, scans and tests were carried out and he was diagnosed with a strain ( θλάση ) of his lumbar spine. The doctor also found that his kidney was not in its normal position. She instructed that G.S. be examined by an orthopaedic specialist and a nephrologist. G.S. was prescribed nine days’ sick leave. C.     Administrative investigation 29.     On 1 March 2011 the applicant reported the alleged ill-treatment to the High Commission of Canada. 30 .     On the same day the Canadian Consul visited the applicant while at the hospital with her assistant. The applicant told her that he had been ill ‑ treated. Her assistant took a written statement from the applicant which reads, in the original English, as follows: “TO CANADIAN AUTHORITIES On Sunday Feb 27 at approx. 9.20 am, I was attacked from a policeman from behind and trying to protect myself, my elbow hit him at Athinon street. Then a number of the policemen (3-4) started kicking me on the head and immobilized me and hand ‑ cuffed me. I passed out (first time), woke up in a police car and all the way to the Police Station I asked to contact my lawyer and the Canadian Consulate but they refused and they hit me more. At the police station, Mr [G] hit me. They took me upstairs to the Financial Crime Department. I asked again to contact my Consulate or my lawyer and they refused. I was then taken to another room where Mr [M] was. Four policemen walked in and hit me. They took a chair and broke it over my right leg. They also hit me on the head with the chair several times. I fell down and then I was asked where I live. I said I don’t want to say anything without my lawyer. They hit me again and broke my tooth. I was tortured and my human rights were violated. I was also threatened to be killed by high-leveled people. I am now afraid of my life. This continued for about 4 hours until finally I got in touch with my lawyer and sent to the hospital.” 31 .     On 2 March 2011, in the light of the applicant’s lawyer’s complaint (see   16 paragraph above), the Limassol police appointed an investigating officer, Police Chief Inspector M.M., who was in charge of the Ayios Ioannis police station in Limassol, to conduct an administrative investigation into the applicant’s complaint. 32.     On 3 March 2011 the Canadian High Commissioner in Cyprus sent a note verbale reporting the ill-treatment of the applicant to the Ministry of Foreign Affairs and requesting that the applicant’s complaint be investigated. 33 .     An investigation was conducted by M.M. and a report was prepared. M.M. secured copies of written statements contained in the criminal file gathered for the purposes of the criminal proceedings against the applicant (see paragraph 64 below) as well as statements from all the officers who had come into contact with the applicant, directly and indirectly, during his arrest and detention. The statements were not question and answer statements. 34.     The applicant refused to provide a written statement claiming that he could not trust the police and informed M.M. that his lawyer and the Canadian Consul had been informed of the details of his ill-treatment. 35.     Special Constable G.S., in his statement of 27 February 2011, stated that on that day at around 9.13 a.m. while he had been on motorcycle patrol he had received a message concerning an illegal cash withdrawal from an ATM. He had immediately gone to the bank concerned. On arrival he had spotted an unknown person who had appeared to be withdrawing money from the ATM and putting it in the left pocket of his tracksuit top. G.S. had got off the motorcycle. He had approached the applicant from behind and touched his left shoulder, had said “police” and had then asked the applicant both in Greek and in English to give him his identity card so he would be able to ascertain his identity. The applicant had not replied but instead had turned towards him and attacked him by pushing him backwards with both hands. G.S. had tried to immobilise him. The applicant had then punched his police helmet with his right hand and kicked him in the stomach, causing G.S. to lose his balance. G.S. had fallen backwards on the pavement. The applicant had fled and G.S. had chased him. The applicant, while running, had lost his balance and had fallen to the ground, hitting his face. G.S. had tried to immobilise him and a struggle had ensued between the two. Attempting to resist arrest, the applicant had pushed G.S. and hit him with his hands. Special Constable P.K had arrived at the scene. With his help, and using proportionate force in the circumstances, G.S. had arrested and handcuffed the applicant. He had drawn the applicant’s attention to the law but the applicant had not replied. Two members of the CPS had arrived and he had handed over the applicant to them. G.S. had then gone to the Emergency Department of Limassol General Hospital, where he had been examined by Dr   V.D. 36 .     The most relevant written statements of other officers read as follows: (i)     Constable P.P., who had been the first to receive the applicant at the police station, in his statement of 27 February 2011 stated that he had carried out a body search and described what he had found on the applicant, which included EUR 10,000. He did not mention any injuries in his statement. (ii)     Constable E.L., who had seen the applicant when Officer P.P. had entered her office to give her the applicant’s possessions, in her statement of 27 February 2011 stated that the applicant had had wounds on his face, his clothes had been messy and his tracksuit trousers had been torn. (iii)     Special Constable P.K. who had been on traffic patrol on the day of the events, in his statement of 27 February 2011 stated that when he had arrived at the scene G.S. had been on the ground with an unknown man. G.S. had asked him to pass him the handcuffs so he could handcuff the applicant as he had been resisting arrest. Then he had gone to the ATM and found five withdrawal receipts of EUR   2,000 each, which he had subsequently given to Constable P.P. when they had arrived at the station. He did not mention any injuries in his statement. (iv)     Constable C.T., who had received the applicant at 1.35 pm. at the detention centre at the station to put him in his cell, in his statement of 3   March 2011 stated that he had carried out a body search and had noted that the applicant had had an abrasion on the left frontal area ( αριστερή μετωπιαία χώρα ) and behind the left shoulder. He had locked the applicant in the cell at 1.45 p.m. (v)     Sergeant P.H. in his statement of 3 March 2011 stated that he had seen the applicant at 1.35 p.m. when M.P. had brought him to the station’s detention facilities and he had then given instructions to Constable C.T. to carry out a body search. The applicant’s lawyer, C.H, had visited the applicant and at 3.05 p.m. had informed P.H. that the applicant had complained to him that he had been beaten by police officers during his arrest and questioning and had wanted the complaint to be reported. He had also requested that the applicant be sent to the hospital. P.H. had immediately given instructions to this effect and within little time the applicant had been taken to the hospital and the complaint of ill-treatment had been reported. He did not mention any injuries in his statement. (vi)     Inspector I.S. in his statement of 11 March 2011 stated that he had noticed that when the applicant had arrived at the station he had had injuries on the face which according to Officer G.S. had been caused when he had tried to arrest the applicant. He had also noticed that the applicant’s clothes had been messy and his tracksuit trousers had been torn. The applicant had not complained to him that he had been hit nor had he been hit by anyone. (vii)     Senior Constable S.M. in his statement of 12 March 2011 stated that when he had arrived at the scene G.S. had already arrested the applicant and handcuffed him. S.M. then took the applicant along with Special Constable C.S. in the police car to the police station where at 9.30 a.m. he handed him over to Constable P.P. The applicant had minor abrasions and bruises and his clothes were messy. (viii)     Special Constable C.S., who had accompanied the applicant to the police station with Senior Constable S.M., in his statement of 12 March 2011 stated that when he had arrived at the scene G.S. had already arrested the applicant and handcuffed him. He did not mention any injuries in his statement. (ix)     Constable A.P., who had seen the applicant during his interview with M.P., in his statement of 14 March 2011 stated that the applicant had had abrasions on his face and that he had been informed by M.P. that this had been caused during his arrest. (x)     Constable F.O. in his statement of 15 March 2011 stated that he had carried out a body search and had not found anything suspect ( επιλήψιμο ) on the applicant. He also stated that the applicant had had wounds on his face and had told him that he had been hit by an officer. Furthermore, his clothes had been messy and his tracksuit bottoms torn. (xi)     Constable M.P., who had interviewed the applicant at the station, in his statement of 17 March 2011 stated that the applicant had had abrasions on the face and when he had asked the applicant how the latter had got them, the applicant had told him that he had been hit during his arrest. During the interview, constable A.P. had entered in the room and M.P. had informed him of the applicant’s statement and his injuries. At 1.35 p.m. M.P. had taken the applicant to the detention facilities. 37 .     According to the findings of the investigator in his report of 26 April 2011, the applicant had been uncooperative from the beginning of his detention and refused to provide a written statement and answer any questions during his interview. He had also refused to cooperate with the investigator himself and to give a statement concerning his ill-treatment allegations. He had told the investigator that he did not trust the police. In view of the above, it could not be excluded that the complaint had been made to further the applicant’s own interests. According to Inspector I.S., who had supervised the applicant’s questioning in relation to the criminal case against him, no member of the police had ill-treated or used any kind of violence against the applicant during his detention and questioning. The only contact the applicant had had with a member of the police had been during his struggle with the police officers when attempting to flee arrest. In his report, the investigator noted that Special Constable G.S. had been injured while trying to arrest the applicant and that he had been put on sick leave by the doctor who had examined him at the hospital. 38.     The report concluded that none of the applicant’s allegations regarding ill-treatment had been proven and that the case should be closed. 39 .     The Limassol divisional police headquarters and the Chief of Police agreed with the conclusions. 40.     On 26 May 2011 the Ministry of Foreign affairs informed the High Commissioner of Canada of the findings of the investigation. D.     First investigation by the Independent Authority for the Investigation of Allegations and Complaints against the Police (“the IAIACAP”) 41 .     By a letter dated 14 July 2011 the applicant’s lawyer complained to the Attorney General, requesting that an independent investigation be conducted into his client’s complaint and that the officers responsible be brought to justice. The next day the Attorney General referred the applicant’s complaint to the president of the IAIACAP ordering an investigation. 1.     Investigation 42 .     On 20 July 2011 the IAIACAP appointed a lawyer, Mr A.S., as investigator. 43.     On 10 October 2011 the investigator prepared a report with a summary of the statements obtained and his findings. 44.     In the course of the investigation, the investigator singled out four police officers as suspects. These were G.S., P.K., S.M. and C.S. Statements in the form of questions and answers were obtained from these officers. He also took statements from the applicant and twenty-four other persons, including the officers who had been in touch with or seen the applicant on the day of the alleged ill-treatment, the interpreter, the doctor who had examined G.S., Dr V.D. (see paragraph 28 above) and three of the doctors who had examined the applicant, namely, Dr A.K. and Dr C.T. from Limassol General Hospital and Dr S.J., the private practitioner (see   paragraphs 23, 24 and 27 above). 45 .     The applicant gave a statement to the investigator on 23   August   2011, adopting the content of a handwritten statement he had prepared in June 2011 for his lawyer. In his written statement the applicant alleged that on 27 February 2011 at 9.15 a.m. he had been trying to familiarise himself with the ATM in case he would ever need to use his own cards and check the balance of his account. He had, inter alia , a credit card in his name on him and EUR 10,000, which had been given to him by his lawyer at the time, C.H. This was the cash bail that had been returned from the court in another case against him. At 9.20 a.m. he had been suddenly attacked from behind by someone who had been wearing a helmet and who he had not recognised. This person had not identified himself. The applicant had thought that it had been a robbery. This person had choked him from behind. The applicant had been scared and had defended himself. He had then been attacked by a second person in civilian attire. They had started hitting the applicant on the head and the back with a small wooden stick. The applicant had fallen to the ground and lost consciousness. The officers had woken him up by throwing water on his face. He had woken up in a brown jeep, handcuffed. He had then realised that he had been intercepted by the police. The officers had slapped and punched him on the face and body all the way to the police station. They had been asking him about money and credit cards but had not asked him to identify himself. Nor had they shown him any documents in respect of his arrest and informed him of his rights. They had taken everything he had had on him including his asthma inhalers. They had refused to allow him to talk to his lawyer or with an official from the Canadian embassy. He had been taken to the station at approximately 10 a.m. He had been received by the head of the police, “Mr   Y.”, an officer acting as an interviewer, “Mr M.”, and two other officers “Mr P.” and “Mr A.”. In the interview room there had been officers of the CPS and another officer, “V.”. Officer M. had asked him questions. The applicant had refused to reply, saying that he would do so only in the presence of his lawyer. At that point the officer who had attacked him at the ATM had started beating and “torturing” him while he had been unable to defend himself, as he had still been in handcuffs. He had kept asking them to stop and let him contact his lawyer. They had continued to punch and beat him using the same small wooden stick used before (he clarified that this had been a small baseball bat). He had asked for his asthma inhalers and tried to tell them that he had had back surgery. He had been very scared and had started breathing heavily. They had hit him on the back and on his right knee with a metallic chair with blue handles. They had beaten him with that chair and kicked him savagely on the head while asking him questions. The applicant stated that he had lost consciousness for a while and he had woken up after water had been thrown on his face. 46.     At approximately 1 p.m. the applicant had called his lawyer; before that they had warned him not to tell him anything. The applicant had spoken to his lawyer and had informed him of the ill-treatment. He had then been taken back to the interview room where the officers had continued to beat him. He had fallen to the floor again with his hands behind his back. One of the officers had stood on his handcuffs while another one had kicked him. Because of the kicks to the head the applicant had become very dizzy, bleeding from his face, nose and mouth. His front tooth had broken from the punches. He had also had a small asthma attack. Although Officer M. had not physically abused him he had not intervened to stop the ill-treatment. Two female officers of the ECID had also witnessed his ill-treatment. The applicant said that he had asked the head of the police to take him to hospital but he had refused. At around 3 p.m. they had taken him to the detention facility in the station. His lawyer had come to visit him and when he had seen the state of him he had made a complaint of ill-treatment to the officers and asked that the applicant be taken immediately to hospital. During his transfer to the hospital the applicant had been punched by one of the two police officers who had been escorting him. The officer had also threatened that his boss Mr Y. would put him in prison if he did not withdraw his complaint. When he had arrived at the hospital at 3.30 pm. one of the officers had lied to the doctor and had told him that he had fallen on his face. The other police officer had then taken the doctor aside and talked to him alone. The doctor had refused to give him painkillers. He had only given those when the Canadian Consul had come to visit him. 47 .     The applicant alleged that he could identify the individuals responsible for his ill-treatment. 48.     In their statements provided to the criminal investigator, the police officers denied ill-treatment and maintained their original version of events. Some of the officers could not remember whether the applicant had had injuries or what type of injuries he had had and therefore were not able to answer the investigator’s questions in this connection. The most relevant statements were as follows: (i)     Sergeant P.H., who had made no mention of the applicant’s appearance in his previous statement, in his statement of 26 August 2011 stated that when the applicant had been brought to the detention facilities he had noticed that he had been upset ( αναστατωμένος ) and red in the face. He had not noticed whether his clothes had been torn. (ii)     Constable A.P in his statement of 29 August 2011 stated that he could not remember what type of wounds the applicant had had on his face or whether his clothes had been torn. (iii)     Constable P.P., who had not made any mention of the applicant’s appearance in his previous statement, in his statement of 31 August 2011 stated that: “... there were areas which indicated that [the applicant] had fought with someone, without however bearing any external injuries. He had dishevelled hair, his clothes were creased, but not torn, and he was red owing to tiredness, but not owing to blows.” (iv)     Constable C.T. in his statement of 31 August 2011 stated that the applicant had had an abrasion on part of left frontal area and on the left shoulder blade. He could not remember if any of the applicant’s clothing had been torn. (v)     Constable M.N., who had guarded the applicant from 7.40 p.m. to 10.30 p.m. at the hospital, in his statement of 31 August 2011 stated that he had noticed that the applicant had had various injuries ( χτυπήματα ) but he could not remember whether they had been on the face or the body. (vi)     Constable I.K., who had guarded the applicant from 7.40 p.m. to 10.30 p.m. at the hospital, in his statement of 1 September 2011 stated that the applicant had been in a wheelchair at one point because he had claimed he had not been able to walk and that he had, with the assistance of the other officer guarding him, helped him onto a bed. He had noted that the applicant had had some small scratches on his face and one of the hands. (vii)     Constable F.O. in his statement of 5 September 2011 stated that owing to the passage of time he could not remember what type of wounds the applicant had had nor where the tracksuit had been torn. (viii)     The interpreter S.K. in her statement of 12 September 2011 stated that she had arrived before 1 p.m. and had translated from 1 p.m.-1.30 p.m. and that the applicant had had a bruise on his face near his eye and his trousers had been torn. In her presence no officer had hit or threatened him. (ix)     Inspector I.S. in his statement of 13 September 2011 stated that: “[I]t was like when someone’s face is rubbed against the ground. I think that he had something similar on his hands.” (x)     Special Constable P.K. in his statement of 15 September 2017, when asked about whether he had noticed injuries stated that the time of the events, stated that he had been concentrating on helping handcuff the applicant and had not noticed. (xi)     Constable M.P. in his statement of 18 September 2011 stated that he could not remember the applicant’s teeth or what type of scratches the applicant had had on his face. (xii)     Senior Constable S.M. in his statement of 20 September 2011 stated that: “[The applicant’s] face was red as if he had been running and [he] was short of breath. With regard to the minor-abrasions and bruises, these were definitely not black marks but mild redness.” (xiii)     Special Constable C.S., who had previously made no mention of the applicant’s appearance, in his statement of 20 September 2011 stated that: “[The applicant] was to begin with, unkempt, messy as to his clothes, his hair was also tousled ( ανακατωμένα ) and his face was red. He did not have bruising ( μαύρισμα ) however, nor did I see scratches.” 2.     Investigator’s findings 49 .     In his report dated 10 October 2011 the investigator found, taking into account the evidence at hand, that the applicant’s testimony had been unconvincing in many respects and contradicted solid evidence: -   his assertions as to what he had been doing at the ATM and why he had had EUR   10,000 in his possession were very difficult to believe. -   based on the police officers’ testimony, the investigator noted that on the day of the arrest, the officers who had arrested the applicant had been in uniform and had not had batons as they had been simple traffic officers. -   the applicant had been taken to the police station in a white saloon police car; the Limassol CPS did not have brown jeeps. -   the applicant had stated that they had taken everything from him in the car yet according to the evidence given by Constable P.P. everything had been taken from the applicant at the station. -   the applicant had described a savage beating but had stated that during an interval he had spoken to his lawyer, C.H.. The investigator considered it odd that the officers, knowing that the applicant had spoken to his lawyer, would have continued to beat him after the call as he had alleged. C.H. had refused to give a statement. -   all of the police officers denied having ill-treated the applicant, and the interpreter, an independent witness, had stated that during her presence the applicant had not been ill-treated. -   the applicant had alleged that the ill-treatment had continued until 3   p.m., but in his prisoner record it had been recorded that he had been taken to a cell in the detention facilities of the station at approximately 1.45 p.m. -   the applicant had claimed that the doctor at the hospital had refused to give him painkillers but this had been refuted by Dr A.K. and was in contradiction with the hospital records of Dr C.T. 50.     The investigator considered it unlikely that officers of the CPS would have interrogated a suspect for offences under the authority of the another unit, the ECID, and that they would have ill-treated the applicant in the car given the close distance between the scene of arrest and the police station, which was only about 1 to 1.5 km. Furthermore, the description of certain people given by the applicant did not correspond to the officers working for the CPS. On this basis the investigator concluded there had not been police officers from the CPS in the interview room. 51.     The investigator also noted that the allegation that the applicant had been beaten and threatened by one of the two officers escorting him to the hospital was surreal as those officers had not been aware of the applicant’s ill-treatment complaint. 52 .     The investigator pointed out that Special Constable G.S. had not denied the use of force against the applicant: following the applicant’s violent reaction he had pushed the applicant with his hand somewhere between his chest and neck and had also used some wrestling holds ( λαβές πάλης ) in order to turn him round and handcuff him. Furthermore, when the applicant had tried to flee he had fallen to the ground, hitting his face. This version of events could justify the injuries on the applicant’s face and his right knee but the investigator stated the he could not accept it easily. He stated that he was puzzled by the fact that Constable P.P., who had seen the applicant just before he had been led to the offices of the ECID, had noticed no exterior wounds other than the fact that the applicant was red. This was in line with G.S.’s statement that he had not hit the applicant. 53 .     Bearing in mind the above, the investigator concluded that G.S. had not used excessive force to arrest the applicant and that neither criminal nor disciplinary proceedings against him were merited. 54 .     The investigator pointed out that this did not mean that he accepted the facts as described by all the officers as, on the basis of their version of the events, one would expect that the applicant would have had fewer injuries. At the same time, he did not accept the applicant’s version of the facts as on the basis of his version, it would have been expected that he would have had more injuries. 55.     The report concluded that there was no concrete evidence justifying criminal or disciplinary charges against any of the officers. The investigator noted that although he had been troubled by the case, the applicant had not helped him in his task, as his account had been full of inconsistencies and improbabilities ( απιθανότητες ). 3.     Report of the president of the IAIACAP 56 .     The investigator transmitted his report and findings to the president of the IAIACAP. The latter prepared a report dated 16 November 2011 adopting the investigator’s findings. He noted, however, that he did not accept the evidence that had been given stating that the applicant did not bear exterior injuries or abrasions, as this was contrary to the findings of the doctors; nor did he accept that the applicant was merely red due to tiredness but not due to blows. Nonetheless, he observed that on the basis of these injuries it could not be concluded that the force used had been disproportionate under the circumstances. He therefore could not suggest that criminal or disciplinary action be taken against the four officers in question. He also considered that even if an identity parade had been held, he doubted that it would have made a difference to the outcome of the investigation, in view of the applicant’s conduct. The struggle between officer G.S and the applicant had been expected ( αναμενόμενη ) in order for the applicant to avoid arrest at the moment he had been appropriating a large sum of money. 57.     The president of the IAIACAP concluded that despite the fact that the quality of the evidence at hand had not been satisfactory, the commission of neither disciplinary nor criminal offences had been established. 58.     Both reports and the file of the case were submitted to the Attorney General for a decision. 4.     Decision taken by the Attorney General 59 .     On 13 February 2012 the Attorney General concluded that although a certain degree of force had been used against the applicant, this had been necessary under the circumstances in order to prevent him from fleeing arrest. He concluded on this basis that the prosecution of any member of the police was not warranted and instructed that the file be closed. 60 .     In his decision he stated that it appeared from the evidence that Special Constable G.S. had asked the applicant, who at the time had been at the ATM machine, for his particulars. The applicant had reacted and had hit the police officer in an attempt to flee. The applicant had explained his behaviour by stating that he had thought it had been a robbery. Special Constable G.S. had, however, been in uniform as had been the officer who had subsequently come to help. 61 .     The Attorney General further observed that the applicant’s explanations concerning his attempt to flee and the money found in his possession as well as his allegations as to the injuries sustained and his alleged ill-treatment going to and at the police station did not correspond to the reality. Furthermore, his allegation that the doctor who had examined him at the hospital had refused to give him painkillers had been refuted by the doctor. Most of the applicant’s statement appeared to be imprecise and untrue. Special Constable G.S. had not denied the use of force: following the applicant’s violent reaction he had used proportionate force in the circumstances in order to prevent him from fleeing until help arrived. As a result not only had the applicant been injured but the officer himself, who had also had to go to hospital, had been. In addition, the applicant had claimed that he had been tortured by members of the police during his transfer to the police station and before the arrival of his lawyer, C.H. The latter, however, had refused to give a statement. The applicant’s allegations had been disputed by all the members of the police involved. 62.     By a letter dated 16 February 2012 the Attorney General informed the applicant of his decision. 63.     By a letter dated 7 March 2012 to the Attorney General, the applicant’s lawyer expressed his disappointment concerning the conclusions of the investigation and pointed out that no explanation had been given, at least in respect of the ill-treatment the applicant had been subjected to at the police station while handcuffed and as a result of which he had ended up in hospital. He noted in this connection that the Canadian Consul had ascertained the applicant’s condition whilst the independent medical report by the private practitioner corroborated the applicant’s allegations. Lastly, he informed the Attorney General of his intention to lodge an application with the Court on behalf of the applicant. E.     Criminal proceedings 1.     First-instance proceedings 64 .     In the meantime, the applicant was charged with 439 counts of different offences and criminal proceedings were instituted against him before the District Court of Limassol (case no. 4474/11). The charges were subsequently reduced to three, namely theft, assault occasioning actual bodily harm (to Special Constable G.S.) and resisting lawful arrest (sections   20, 255 (1)-(3), 262, 243 and 244 (a) of the Criminal Code, Cap.   154). 65.     On 14 September 2012 the court held that the prosecution had proved its case beyond reasonable doubt and found the applicant guilty on all counts. On 19 September 2012 it imposed sentences of imprisonment of one year, one month and two months respectively for each offence to run concurrently. The time the applicant had already been in detention counted towards the sentence. 66.     The court found that the applicant’s testimony had been completely unreliable and unconvincing and that he had made a poor imp