Communicated on 20 October 2020 Published on 9 November 2020

FOURTH SECTION

Application no. 17421/19 Silviu CIOCOIU-COCÃŽNDÄ‚ against Romania lodged on 15 March 2019

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment endured by the applicant at the hands of the gendarmes in the night of 5-6 March 2017 from 2 a.m. to 3.33 a.m. and his complaint that he was unlawfully escorted by the gendarmes to the police station and to a hospital.

The applicant complains under 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 5-6 March 2017, by the teams of gendarmes who had stopped him on the street, taken him by force to the police station and then to the hospital and had allegedly beaten him?

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? In particular, was the applicant prevented from obtaining a forensic medical certificate in the night of 5/6 March 2017, attesting to his physical condition after the encounter with the gendarmes?

3. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention, insofar as he was taken against his will to the police station and then to a hospital (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 201 8 ?

4. The Government are invited to submit any documents attesting the applicant ’ s presence at the hospital in the night of 5/6 March 2017.