- Torture is banned under the European Convention on Human Rights. Inhuman or degrading treatment of people is also not allowed.
- The European Court of Human Rights has highlighted the torture of innocent civilians, unlawful police shootings and inhuman conditions of detention.
- Judgments from the European court have led states to introduce proper rules and systems of accountability which prevent torture and ill-treatment.
Examples
Hate crime laws strengthened after police failed to properly investigate a racist attack
Rafi Sakir, a victim of a racist attack, was held in a dirty, overcrowded prison cell because he did not have residence papers to legally stay in Greece. Police did not even ask him to make a statement about the attack. The European court ruled that they had failed to properly investigate his case. This judgment led Greece to treat hate crimes more seriously.
Greece
New measures to prevent and monitor prison violence after innocent man’s rape ordeal
Fabian Gjini, an innocent man, suffered unspeakable abuse at the hands of his cellmates during his month-long detention. The European court ruled that Serbia had failed to detect, prevent or monitor the violence against Fabian. By the time of the judgment in his case, Serbia had taken tough measures to tackle prison violence and to improve human rights protections for detainees.
Serbia
Improvements to prison healthcare after inmate with epilepsy denied proper treatment
Robert Kaprykowski, who has severe epilepsy, struggled to get the help he needed in prison, even though doctors warned that his life was at risk without specialist care. The European court found that the Polish authorities failed to provide Robert with proper medical care. This amounted to ill-treatment. Following the judgment, Poland made substantial improvements to prison healthcare.
Poland
Protection for victims of hate crime after abuse of Hare Krishna follower
Života Milanović, a member of a religious minority, was the target of a hate campaign that lasted for years. Police seemed more interested in Života’s beliefs and his appearance than in finding his attackers. After the European court ruled that the authorities had failed to prevent and properly investigate the attacks because of Života’s religion, Serbia made hate crime a serious criminal...
Compensation and official apology for victim of CIA torture and secret “rendition”
Khaled El-Masri’s unimaginable ordeal began when he was detained by FYR Macedonian border officials. He was handed over to US intelligence agents, who transferred him to a secret prison in Afghanistan. The European court recognised Khaled as a victim of “extraordinary rendition” and awarded him damages. FYR Macedonia apologised and took steps to prevent future such human rights violations.
North Macedonia
Reforms made following the inhuman treatment of a four-year-old girl
When she was four years old, Tabitha Mitunga was held by the Belgian authorities for almost two months – without family, friends, or anybody to look after her. She suffered psychological damage and the European court ruled that her rights had been violated. Her case highlighted the need for better protections for unaccompanied children in Belgium and led to substantial reforms.
Belgium
Justice for mentally handicapped sixteen-year old subjected to sexual abuse
Mentally handicapped Miss Y. was sexually abused the night after her sixteenth birthday. Y.’s father tried to bring a criminal prosecution against the attacker, but Dutch law stated that only the victim could start such a prosecution. Y.’s condition meant she could not do this, so her attacker was not brought to justice. The European court ruled that this violated her basic rights.
Netherlands
Failure to investigate alleged brutality against man trying to help the police
Cvetan Trajkoski tried to report a dangerous situation to the police. He was then allegedly beaten by a group of officers – apparently because he had parked his car in the wrong place. The European court ruled that the authorities had failed to properly investigate the alleged attack. This and other cases led to reforms to ensure proper investigations of alleged police brutality.
Young woman saved from being stoned to death in Iran
Aged 24, Hoda Jabari was suspected of adultery in Iran. The crime could be punished by stoning to death. Hoda fled to Istanbul. However, the Turkish authorities decided to send her back. The European court prevented her from being returned to face a possible stoning. Hoda was allowed to stay in Turkey and eventually leave to seek a new life in Canada.
Türkiye
Human trafficking criminalised after 14-year-old girl kept in domestic servitude in Paris
From the age of 14, Henriette Akofa Siliadin was kept in domestic servitude. She worked all day, 7 days a week for over 4 years, for no pay. The people responsible could not be properly brought to justice, because French law had not criminalised their actions. The case helped bring about legal reforms to combat human trafficking.
France
Justice for victims of child abuse
Whilst in their parents’ care, four children were exposed to terrible neglect and emotional abuse. The European court found that the local authority had known about the abuse and had the power to take steps to protect the children, but it had not done so for four-and-a-half years. The children were awarded damages which provided funds for future psychological care.
United Kingdom
Justice after authorities failed to investigate allegations of police brutality
Aleksandr Mihhailov claimed that he had been violently beaten by police officers – both in a public place and after regaining consciousness in a police station. The Strasbourg court ruled that the subsequent investigation was not independent and suffered from serious flaws, such as a failure to collect relevant evidence. Reforms were carried out to make investigations more independent.
Estonia
Stronger protections for detainees after police mistreat dental technician
Vladimir Kummer was a dental technician. One night he was allegedly found urinating in the street. Police officers put him in a cell, where he was shackled to a wall and allegedly beaten. The Strasbourg court ruled that Mr Kummer had been subjected to degrading treatment and that there had not been a proper investigation. The incident led to significant changes to avoid such treatment in...
Czechia
Reforms to prevent police brutality after violent assault on innocent man
Artur Mrozowski was on the train home from work when the police arrived in response to disruption caused by other passengers. Mr Mrozowski was sober, peaceful and calm but an officer beat him in the face with a truncheon, knocking out three of his teeth. An investigation found that the police had done nothing wrong, but the European court ruled in his favour. Following this and other cases,...
Failure to investigate alleged police violence
After a row started in a bar in Štip, everyone present was taken into police custody. According to Pejrusan Jasar, once he was in a police cell he was severely beaten by a police officer. Mr Jasar lodged a criminal complaint but the public prosecutor took no steps to investigate. The European court ruled this had violated Mr Jasar’s basic rights – leading to a series of reforms.
Reforms introduced after police failed to properly investigate a racist attack
One night in the village of Gánovce-Filice, Roma villagers were beaten with baseball bats and iron bars by other locals. The European court ruled that the authorities failed to properly investigate or punish those responsible. The case was re-opened, and legal changes were made to help the authorities tackle racist crimes.
Slovak Republic
New rules on detention after man subjected to inhuman prison conditions
After committing an administrative offence, Arnis Kadiķis was kept with four other detainees in a cell measuring only 6m2, with no window, bed or opportunity to leave for 15 days. The Strasbourg court ruled that these conditions amounted to degrading treatment. After the imprisonment, substantial reforms were made to conditions in Latvian prisons.
Latvia
Torture of man in custody influences reforms to end police abuse of detainees
Olsi Kaçiu was tortured by police and forced to give a statement which was later used to convict him. The European court found that his torture and unfair trial had violated Mr Kaçiu’s basic rights. As a result of this case and others, a range of reforms was introduced to prevent the ill-treatment of detainees and the use of evidence obtained through ill-treatment.
Albania
Case of nine men beaten by police helps strengthen protections against abuse
Nine men originally from northern Cyprus came to work in the south.They were taken into custody by Cypriot police, beaten, and expelled from the country. The European Court of Human Rights ruled that they had been subjected to inhuman treatment. Along with another earlier case, this judgment led to reforms to protect detainees from police abuse.
Cyprus
Failure to investigate allegations of police ill-treatment
Market trader Ágoston Kmetty was allegedly beaten for 3 hours by police officers. However, no charges were brought against any of them. The European court held that the prosecutor had never properly investigated – refusing even to question the officers allegedly involved. Subsequent changes improved the remedies available to victims to ensure that crimes are properly investigated.
Hungary
Compensation for the widow of a victim of police ill-treatment
Vidadi Sultanov complained of a range of human rights violations, including ill-treatment in police custody. He died before his case could be decided upon, but his wife continued his application. The Azerbaijani government settled the case, agreeing to pay Mrs Sultanova 10,000 euros.
Azerbaijan
USEFUL LINKS
Factsheets on the case-law of the European Court of Human Rights:
Conditions of detention: Measures adopted and reported by States (Execution of judgments) PDF (867 Ko)