Published on 20 March 2023
FOURTH SECTION
Application no. 74932/17
Andranik ASLANYAN
against Armenia
lodged on 13 October 2017
communicated on 27 February 2023
SUBJECT MATTER OF THE CASE
On 18 July 2016 the applicant participated in a protest rally wherefrom he was arrested and taken into police custody. The applicant submits that he was assaulted by the police officers both during his arrest and his transfer in the police car. In the car, one of the police officers allegedly pointed his boot at the applicant, telling him to kiss it, and kicked him in the face. The applicant submits that he was hospitalised from the police station to “Armenia” medical centre but was discharged in a few hours. The hospital forwarded his medical report to the police.
On 23 July 2016 criminal case no. 62219216 was instituted upon, inter alia, the applicant’s crime report regarding his alleged ill-treatment. It transpires from the case-file that the applicant was submitted to a forensic medical examination and his injuries were recorded. Moreover, he was granted the status of victim, was interviewed by the investigator in charge of the case, and confrontations were held between the applicant and his arresting officers. As of the latest information available (13 February 2023), the investigation is still pending, and no person has been charged in the scope of the above criminal case.
The applicant complains under Article 3 of the Convention that the arresting officers ill-treated him and that the authorities failed to carry out an effective investigation into that incident.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (Bouyid v. Belgium [GC], no. 23380/09, §§ 100-01, ECHR 2015)?
2. Having regard to the procedural protection from inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV; Bouyid v. Belgium, cited above, §§ 114-23), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?
The Government are requested to inform the Court about the development of criminal case no. 62219216, as well to submit copies of the following documents:
(a) the applicant’s crime report and his interview record(s);
(b) the applicant’s medical report of 18 July 2016 drawn up at “Armenia” medical centre;
(b) the applicant’s forensic medical examination report; and
(c) records of confrontations held between the applicant and his arresting officers, and any other document relevant to the case.