CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 mai 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 3 June 2024   FOURTH SECTION Application no. 17713/21 Vasile CURTUIUŞ against Romania lodged on 26 March 2021 communicated on 17 May 2024 SUBJECT MATTER OF THE CASE The application concerns the alleged ill-treatment endured by the applicant at the hands of local police officers in the night of 4-5 November 2017 and his complaint that he was unlawfully taken to and kept for about an hour in the police station. On that night, the applicant had an incident with A.H. in a nightclub: they bumped into each other because of the lack of space, the applicant kissed A.H. as an apology and to convey the lack of any violent intentions, and A.H. pushed him back. A.H. was immediately thrown out of the nightclub, and soon after a local police team appeared, handcuffed and took the applicant out as well. Both men were then taken to the police station. The applicant’s complaint of 7   November 2017, of ill ‑ treatment by the police and unlawful arrest, was dismissed by the prosecutor’s office attached to the Bistriţa District Court (decision of 11   March 2020) and, eventually, by the Bistriţa District Court (final decision of 30 October 2020). The applicant complains about a violation of Articles 3, 5 and 6 of the Convention.   QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to inhuman or degrading treatment, in breach of Article   3 of the Convention, in the night of 4-5 November 2017, by the team of local police officers who pulled him out of a nightclub, handcuffed him and took him to the police station by force?   2.     Having regard to the procedural protection from inhuman or degrading treatment (see paragraph   131 of Labita v.   Italy [GC], no.   26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities, which gave rise to the final decision of 30 October 2020 of the Bistriţa District Court, in breach of Article   3 of the Convention?   3.     Was the applicant deprived of his liberty in breach of Article   5 §   1 of the Convention, in the night of 4-5 November 2017 (see notably Creangă v.   Romania [GC], no. 29226/03, §§ 84 and 101, 23   February 2012, Aftanache v. Romania , no. 999/19, §§ 81-83 and 89-91, 26 May 2020, Khalikova v.   Azerbaijan , no. 42883/11, §§   97 ‑ 100, 22 October 2015, Zelčs v. Latvia , no.   65367/16, §§   34 ‑ 36 and 57, 20 February 2020, Tsvetkova and Others v.   Russia , nos. 54381/08 and 5   others, §§ 107-08, 10   April 2018)?