Communicated on 16 September 2019

FOURTH SECTION

Application no. 81315/17 Constantin-Daniel IVANOV against Romania lodged on 21 November 2017

SUBJECT MATTER OF THE CASE

The application concerns the allegedly excessive force used against the applicant by the police when called to intervene due to his having driven a car without a licence and having damaged, initially, a third party ’ s car, and subsequently two police cars. During the police intervention the applicant suffered injuries, as shown by a medical certificate issued on 29 May 2013. The applicant alleged that he continued to be subjected to degrading treatment on several other occasions while he was under arrest, namely on 28 May, 29 May, 13 and 16 June 2013.

The criminal investigations initiated by the prosecutor were discontinued on 15 December 2016 with the finding that the impugned criminal acts did not exist. This decision was upheld by the Oradea Court of Appeal on 20 April 2017, judgment notified to the applicant on 14 June 2017.

The applicant complains under Articles 3 and 6 of the Convention about ill-treatment by the police and the absence of an adequate investigation thereto.

QUESTIONS TO THE PARTIES

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

2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26 772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?