Communicated on 21 December 2020 Published on 11 January 2021

FIFTH SECTION

Application no. 11331/18 Gorjan ATANASOV against North Macedonia lodged on 28 February 2018

SUBJECT MATTER OF THE CASE

The case concerns alleged use of disproportionate force against the applicant (injuries confirmed by medical evidence) in the course of his arrest during a police intervention related to violent street protests. After two remittals, two levels of prosecution dismissed a criminal complaint on account of inhuman and degrading treatment lodged by the Ombudsman, to which the applicant joined as an injured party, finding insufficient evidence to establish which officer had arrested and inflicted the injuries on the applicant. The investigation finally ended with a decision of 19 February 2020, namely over three and a half years after the criminal complaint, by which the higher public prosecutor dismissed the applicant ’ s appeal.

QUESTIONS TO THE PARTIES

1. Has the applicant, during his arrest on 13 April 2016, been subjected to a treatment in breach of Article 3 of the Convention?

2. Having regard to the procedural obligation under Article 3 of the Convention (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 this provision of the Convention?