Communicated on 27 January 2020 Published on 17 February 2020

FIFTH SECTION

Application no. 46084/19 Jānis MAĻINOVSKIS against Latvia lodged on 14 August 2019

SUBJECT MATTER OF THE CASE

The application concerns the allegations that on 30 January 2013 prison guards used excessive force against the applicant in Riga Central Prison and that the ensuing investigation into those events was not effective. The applicant alleges that he was pushed to the ground, his face was smashed into concrete and his body was kicked multiple times. On the following day, the applicant was transferred to Daugavgrīva Prison, where a doctor established that his nose had been broken. In particular, the applicant alleges that excessive force was used against him, that the ensuing investigation was lengthy (it lasted for more than six years), that it was conducted by officers of Riga Central Prison and that it was not effective.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to inhuman or degrading treatment on 30 January 2013, in breach of Article 3 of the Convention?

2. Was the investigation in the present case into the events of 30 January 2013 by the domestic authorities in compliance with the procedural obligations under Article 3 of the Convention (see Labita v. Italy [GC] , no. 26772/95, § 131, ECHR 2000-IV)?

The Government are requested to submit to the Court a copy of the criminal case material opened in respect of the applicant ’ s complaints (no. 13800002913 ).