Ciorap v Moldova 7481/06 [2010] ECHR 1138 European Court of Human Rights

The applicant had surgery to drain fluid from his liver. Twelve days later he was arrested on suspicion of fraud. He alleges ill treatment during his detention including being suspended from an iron bar and beaten with machine guns and rubber truncheons (torture) and being placed in a small cell without a bed, mattress or blankets with no access to a toilet or washing facilities (inhuman and degrading treatment). His surgical wound had re-opened and the police refused a transfer to hospital. The authorities deny the beating and point to the applicants self harm to explain the wound re-opening. The applicant had required surgery on ten occasions due to self harm. The national court awarded compensation 600 Euros for breach of Art 3 for the conditions in the cell.

Held:

The allegations of torture were unfounded. There were no other injuries to indicate such a beating. The conditions in the police cell and the refusal to transfer to hospital did amount to inhuman and degrading treatment. The compensation awarded by the national court was far short of what he should have received therefore there was a violation of Art 3.

Where a national court has examined the issues and found a violation of Art 3, the ECHR is only justified in reaching a contrary conclusion if satisfied the national court had misinterpreted or misapplied the relevant legal principles or reached a conclusion which was manifestly unreasonable.

Back to lecture outline on Art 3 ECHR