Information Note on the Court’s case-law 69

November 2004

Bekos and Koutropoulos v. Greece (dec.) - 15250/02

Decision 23.11.2004 [Section IV]

Article 14

Discrimination

Alleged physical and verbal abuse of two Roma gypsies during police custody: admissible

Article 3

Inhuman treatment

Alleged ill-treatment by police and effectiveness of the investigation: admissible

The applicants, who are ethnic Romas, were arrested by the police when attempting to break into a kiosk. The first applicant complains that he was repeatedly hit on the back with a truncheon, slapped and punched, both at the moment of detention and when being interviewed at the police station. The second applicant maintains that he was also abused physically and verbally throughout his interrogation. The Government dispute these facts. The day after their release, a forensic doctor issued a medical certificate stating that the applicants had “moder ate bodily injuries caused in the past twenty-four hours by a heavy blunt instrument”. The applicants have produced to the Court pictures taken on the day of their release showing their injuries. As a result of publicity which the incident received in the media, the Ministry of Public Order launched an administrative inquiry. The inquiry found that the officers who had arrested the applicants had acted “lawfully and appropriately”, whilst two others had treated them with “particular cruelty during their det ention”. The report recommended the temporary suspension from service of these two officers, but this never took place. The applicants subsequently instituted criminal proceedings against the police officers. An official inquiry into the incident was order ed, and one of the police officers was committed for trial on account of physical abuse during the interrogation. The Court of Appeal concluded there was no evidence implicating the accused officer in any abuse and found him not guilty. The applicants, who had joined the proceedings as civil parties, were precluded under domestic law from appealing against this decision.

Admissible under Articles 3, 13 and 14.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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