Published on 20 September 2021

FIFTH SECTION

Application no. 53040/19 Robert ILJAZ against North Macedonia lodged on 3 October 2019 communicated on 30 August 2021

SUBJECT MATTER OF THE CASE

The application concerns the lack of an effective investigation into the applicant’s allegations that he was physically assaulted (punched and hit with a wooden stick) by a certain S.F. in the context of local elections. According to a medical report of the same date, the applicant sustained a head injury which required sutures. Two levels of prosecution rejected ( отфрла ) the applicant’s criminal complaint finding no elements of “violence” ( насилство ), an offence punishable under the Criminal Code, in the reported actions by S.F.

QUESTIONS TO THE PARTIES

1. 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?

2. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 3, as required by Article 13 of the Convention?