CEDH · CASELAW;COMMUNICATEDCASES;ENG — 12 novembre 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 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 2 December 2024   FOURTH SECTION Application no. 15979/22 Daniel TROFIM against Romania lodged on 14 March 2022 communicated on 12 November 2024 SUBJECT MATTER OF THE CASE The application concerns the alleged use of excessive force against the applicant by the police and the failure of the domestic authorities to carry out an effective investigation into his allegation of ill-treatment. Relying on Article 3 of the Convention under its both heads, substantive and procedural, the applicant complains that he was unlawfully assaulted by a police officer and subjected to inhuman and degrading treatment at the police station where he was taken on 28 July 2019. He also claims that the ensuing criminal investigation conducted by the authorities was superficial and ignored relevant evidence. He alleges in particular that the prosecutor’s decision to terminate the investigation, upheld by a final decision rendered on 10 November 2021 by the Tulcea District Court, was based solely on the police officers’ statements, who were present at the incident and at the police station, which were not corroborated by other evidence proposed by him, such as other eyewitnesses to the incident, a medical certificate and a video ‑ recording of the incident. QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to inhuman or degrading treatment by police, in breach of Article   3 of the Convention on 28 July 2019? In particular, was excessive force used against the applicant?   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 in breach of Article   3 of the Convention?