THIRD SECTION

Application no. 38397/05 Octavian DOROGAN against the Republic of Moldova lodged on 17 October 2005

STATEMENT OF FACTS

The applicant, Mr Octavian Dorogan , is a Moldovan national, who was born in 1959 and lives in Chisinau .

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 25 July 2003 the applicant together with two friends went to a bar at approximately 11 p.m where they had a quarrel with the employees of the bar. The police were called and at approximately 3 a.m. they were taken to a police station. At the police station the applicant was assaulted by a police officer, who banged his head against a wall several times. After that, the applicant felt ill and in the morning an ambulance was called. He was taken in a state of unconsciousness to a hospital, where he was diagnosed with head trauma and concussion and was hospitalised for approximately two months.

The applicant lodged a criminal complaint against the actions of the police, however it was finally dismissed by the Rascani District Court as ill-founded on 29 April 2005.

COMPLAINT

The applicant complain s under Article 3 of the Convention about the ill-treatment received at the hands of the police and about the ineffectiveness of the investigation into his complaints about that .

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to ill-treatment in breach of Article 3 of the Convention (see, for example, Tomasi v. France , judgment of 27 August 1992, Series A no. 241 ‑ A)?

2. Having regard to the procedural protection from ill-treatment under Article 3 of the Convention (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation conducted in the present case by the domestic authorities effective for the purposes of that Article?

The Government are asked to submit a copy of the full version of the case file, concerning the criminal investigation instituted by the Prosecutor ’ s Office in respect of the applicant ’ s criminal complaint.