Communicated on 14 March 2017
FIRST SECTION
Application no. 59119/15
Stefan TRENDAFILOVSKI
against the former Yugoslav Republic of Macedonia
lodged on 23 November 2015
STATEMENT OF FACTS
The applicant, Mr Stefan Trendafilovski, is a Macedonian national who was born in 1993 and lives in Kumanovo. He is represented before the Court by Mr V. Stojanovski, a lawyer practising in Skopje.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 3 December 2014 the applicant attended a family party in his father’s apartment in Kumanovo. At about 10 p.m. three police officers arrived at the apartment in reply to a complaint of loud music and inappropriate behaviour and comments by guests at the party. There was an argument between the police officers and the applicant’s father at the entrance of the apartment. Next-door neighbours confirmed to the police officers the applicant’s statement that the party had not been noisy. The police officers ordered them not to interfere and to go back home. The applicant reacted to the behaviour of the police officers. Then, a police officer twisted the applicant’s arm behind his back and started insulting and ill-treating him. Barefoot and in a T-shirt, the applicant was taken to the local police station where physical and mental ill-treatment allegedly continued. The applicant was not provided medical assistance, notwithstanding his explicit request in this connection.
The applicant remained in police custody for four hours. After being released, he visited a doctor. According to a medical certificate of 4 December 2014, he was diagnosed as suffering from post-stress trauma and had a scratch on his lower back. The applicant also complained of pains in his head and back.
The applicant complained to the Ministry of the Interior’s Sector for Internal Control and Professional Standards. In a letter of 16 December 2014, the Department informed him that there had been no evidence in support of his allegations of police brutality.
In reply to the applicant’s submission, on 10 February 2015 the Kumanovo police stated that the applicant, at the time, had been intoxicated (2.02% blood alcohol level); had reacted in an unruly fashion; had refused to identify himself; and had refused to turn down the music, for which summary proceedings had been instituted against him. No information was submitted as to the outcome of those proceedings.
On 3 March 2015 the applicant filed a criminal complaint accusing a police officer of unknown identity of unlawful deprivation of his liberty, torture and ill-treatment. In support he submitted a copy of the above medical certificate and sought that the public prosecutor took evidence from four witnesses. He provided their contact details.
The applicant submitted several written statements by neighbours and his father given between 10 January and 16 October 2015, in which they had confirmed that during the arrest the applicant’s arm had been twisted behind his back and police officers had hit him on the head and back. No information was provided as to whether the applicant had submitted these statements to the public prosecutor.
With a letter of 9 June 2015, the public prosecutor informed the applicant that a “resolution” had been made that there had been no evidence of an offence subject to State prosecution.
COMPLAINT
The applicant complains under Article 3 of the Convention that he was ill-treated, insulted and threatened by the police.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to treatment prohibited by Article 3 of the Convention?
2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?
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