Published on 19 June 2023

FOURTH SECTION

Application no. 17068/18 Hakob NAZARI-DEKHNAVI against Armenia lodged on 4 April 2018 communicated on 1 June 2023

SUBJECT MATTER OF THE CASE

The application concerns the alleged ill-treatment suffered by the applicant at the hands of police and the domestic authorities’ failure to conduct an effective investigation into his complaints and raises issues under Article 3 of the Convention. In particular, the applicant took part in a protest rally where he was slapped by a police officer after the applicant had allegedly made remarks regarding the violent methods used by the police for dispersing the rally. Criminal proceedings were instituted upon the applicant’s complaint in connection with alleged abuse of power by the police officer accompanied by violence. These proceedings were eventually terminated by the investigator for lack of corpus delicti in the actions of the police officer who was found to have acted under severe mental stress. The applicant unsuccessfully contested that decision before the courts.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (see Bouyid v. Belgium [GC], no. 23380/09, §§ 86-90, 104-106 and 108, ECHR 2015)?

2. Having regard to the procedural protection from ill-treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation by the domestic authorities into the applicant’s allegations of ill-treatment in the present case in breach of Article 3 of the Convention?