ECtHR, XX v. Spain, No. 36286/14, 2016
- 2016
- Spain
Topics
Membership in a terrorist organisation SeparatismLegal bases
European Convention on Human RightsCourts
European Court of Human Rights (ECtHR)Laws
Torture, degrading and inhuman and treatmentFacts
The applicant is a Spanish national residing in Spain. He was arrested in 2011 by police officers and suspected of belonging to EKIN, an organisation attached to the terrorist group ETA. While in the car transporting him to Madrid, the applicant was allegedly subjected to threats and insults, and was struck on the head, testicles and ribs by the police officers. He was then placed in incommunicado police custody. He was allegedly forced to wear a mask over his eyes, subjected to episodes of asphyxiation, touched indecently and threatened with the insertion of electrodes and a truncheon into his anus. Following unsuccessful attempts to obtain remedies in front of national courts, the applicant complained before the ECtHR that there had been no effective investigation into his complaint that he had been subjected to ill-treatment while held incommunicado in police custody.
Legal grounds
Article 3 of the ECHR
Findings
The Court noted that while in custody the applicant was not allowed to contact a person of his choice or to be assisted by a lawyer. The Court found a violation of Article 3 on account of the investigation conducted by the national authorities; however it did not find violation of Article 3 as regards the applicant’s allegations of ill-treatment while in custody. The Court observed that there had not been a thorough and effective investigation by the national authorities and as a result the Court did not have enough evidence to determine whether the applicant had been subjected to treatment attaining the minimum level of severity to fall within the scope of Article 3. However, the Court considered the proceedings as an opportunity to reiterate the importance of adopting the measures recommended by the European Committee for the Prevention of Torture with a view to improving the quality of forensic medical examinations of individuals held incommunicado in police custody and urged the Spanish Government to draw up a clear code of conduct for officers responsible for supervising such individuals as to the procedures for questioning them and for ensure their physical integrity.