THIRD SECTION
Application no. 24359/12
Roman UŞENCO
against Moldova
lodged on 14 March 2012
STATEMENT OF FACTS
The applicant, Mr Roman Uşenco, is a Moldovan national, who was born in 1992 and lives in Anenii Noi. He is represented before the Court by Mr A. Bragoi, a lawyer practising in Causeni.
The facts of the case, as submitted by the applicant, may be summarised as follows.
At the time of the events complained of the applicant was fifteen years and eleven months old.
On 28 November 2008 the applicant and a friend of his were arrested by the police on suspicion of theft. They were taken to the police station where they have been subjected to severe ill-treatment in order to induce them to confess. In particular, the applicant received numerous blows to his head and body and blows with a baton to the soles of his feet.
The next morning the applicant’s mother was called and she picked him up from the police station.
On 1 December 2008 the applicant underwent a forensic medical examination. According to the medical report, the applicant presented with bruises on his head and on the soles of his feet. He also had scratches on his feet and teeth which were falling out. One of his teeth was broken. The applicant was also diagnosed with a head concussion.
On an unspecified date in December 2008 the applicant lodged a criminal complaint in respect of the police officers who had allegedly ill-treated him. The criminal proceedings were opened and closed on several occasions. The final closing took place on 23 January 2012 when the prosecuting authorities considered that there were insufficient evidence to support the applicant’s allegations about ill-treatment.
COMPLAINTS
1. The applicant complains under Article 3 of the Convention about the ill-treatment suffered at the hands of the police and about the State’s failure to conduct an effective investigation into his allegations of ill-treatment.
2. The applicant also complains under Article 5 that his arrest and detention on 28 November 2008 has been unlawful and under Article 6 that the proceedings against the accused police officers have been unfair.
QUESTIONS TO THE PARTIES
Has the applicant been subjected to torture, in breach of Article 3 of the Convention (see paragraph 65 of Corsacov v. Moldova, no. 18944/02, 4 April 2006)?
Having regard to the procedural protection from torture (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?
The Government is requested to provide the Court with a full copy of the case-file concerning the investigation into the applicant’s allegations of torture.
Full & Egal Universal Law Academy