CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 octobre 2013

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s72EB7DC5 { margin-top:18pt; margin-bottom:0pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s701081D1 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:left } .s26A0D852 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:left; font-size:7pt } .s3F717125 { font-family:Arial; color:#339966; display:none }       THIRD SECTION Application no. 38397/05 Octavian DOROGAN against the Republic of Moldova lodged on 17 October 2005 STATEMENT OF FACTS   The applicant, Mr Octavian Dorogan, is a Moldovan national, who was born in 1959 and lives in Chisinau. The facts of the case, as submitted by the applicant, may be summarised as follows. On 25 July 2003 the applicant together with two friends went to a bar at approximately 11 p.m where they had a quarrel with the employees of the bar. The police were called and at approximately 3 a.m. they were taken to a police station. At the police station the applicant was assaulted by a police officer, who banged his head against a wall several times. After that, the applicant felt ill and in the morning an ambulance was called. He was taken in a state of unconsciousness to a hospital, where he was diagnosed with head trauma and concussion and was hospitalised for approximately two months. The applicant lodged a criminal complaint against the actions of the police, however it was finally dismissed by the Rascani District Court as ill-founded on 29 April 2005. COMPLAINT The applicant complains under Article 3 of the Convention about the ill-treatment received at the hands of the police and about the ineffectiveness of the investigation into his complaints about that.       QUESTIONS TO THE PARTIES   1.     Was the applicant subjected to ill-treatment in breach of Article 3 of the Convention (see, for example, Tomasi v. France , judgment of 27 August 1992, Series A no. 241 ‑ A)?   2.     Having regard to the procedural protection from ill-treatment under Article 3 of the Convention (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation conducted in the present case by the domestic authorities effective for the purposes of that Article?   The Government are asked to submit a copy of the full version of the case file, concerning the criminal investigation instituted by the Prosecutor’s Office in respect of the applicant’s criminal complaint.