Published on 22 June 2026
FIFTH SECTION
Application no. 24554/25
Mohamed ZAIDAN
against Spain
lodged on 28 July 2025
communicated on 2 June 2026
SUBJECT MATTER OF THE CASE
The application concerns the alleged degrading treatment suffered by the applicant at the hands of police officers while he was detained in the Zona Franca Centre for the Internment of Foreign Nationals (Centro de Internamiento de Extranjeros (CIE)) in Barcelona on 12 January 2020.
The applicant submits that on that day, following an argument, a police officer followed him up on the stairs while he was going to his room, and allegedly punched him in the neck, which made him fall. Subsequently, he dragged the applicant down the stairs. He then put his knee over the applicant’s neck, to immobilise him. With the help of other officers, they carried the applicant to the infirmary where he was administered Diazepam and was afterwards sent back to his room. Later that evening, the applicant attempted to commit suicide with a shoelace. Other detainees alerted the police officers. He was taken to the infirmary and later placed in isolation.
A medical report issued on the same day diagnosed the applicant with an abstinence syndrome from cocaine and a mild erythema (leve eritema) on the neck.
On 20 January 2020 the applicant’s lawyer submitted a written report of the events to the duty judge, with a request for several investigating and interim measures. The applicant was expelled from Spain on 23 January without having been heard by the duty judge.
On 3 March 2020 the investigating judge who received the case contacted the CIE authorities, who informed him that the applicant had been removed. Subsequently he discontinued the proceedings for lack of sufficient evidence. In June 2020 the applicant’s lawyer submitted a complaint about the lack of a sufficient investigation and asked for the reopening.
On 19 November 2020 the investigating judge reopened the proceedings to hear the applicant’s testimony as it appears that he was back in Spain. He was heard on 11 February 2021.
On 7 March 2021 the investigating judge required the submission of a copy of the video-footage of the security cameras at CIE. Subsequently, additional investigating measures were ordered.
During 2023 and the beginning of 2024 there was an exchange between the applicant, the judge and the Ministry of the Interior upon the applicant’s complaint that the police had not submitted all the video footages that had been initially requested.
On 7 June 2024 the criminal investigating judge discontinued the proceedings and decided not to commit the police officers for trial because the commission of any act of criminal relevance did not appear to be sufficiently justified. He held that the thorough investigation did not raise even minimal reasonable indications (indicios) that could justify the opening of the next phase of the proceedings.
The judge found that although the specific reason why the applicant had fallen from the stairs was not clear – as the video-footages of the cameras available did not cover that specific area – the conduct of the police officers was compatible with their statements to the effect that they were trying to calm down the applicant, who had climbed the stairs shouting and banging the stairs banister, and had not touched him at any moment. Moreover, after the incident they had taken him to the infirmary because he was showing signs of a clear agitation.
On 19 November 2024 the Audiencia Provincial rejected the applicant’s appeal and upheld the discontinuation of the case.
The applicant brought an amparo appeal against the decision. On 10 April 2025 he was served with the decision of inadmissibility of the amparo appeal for lack of constitutional significance.
The applicant complains that these events amounted to inhuman and degrading treatment which was not adequately investigated. He relies on Articles 3 and 13 of the Convention.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to degrading treatment, in breach of Article 3 of the Convention (see Bouyid v. Belgium [GC], no. 23380/09, §§ 81-90, 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), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention? In particular, have the domestic courts submitted to scrupulous examination the elements of the investigation before reaching the conclusion that led to the discontinuation of proceedings (see Cestaro v. Italy, no. 6884/11, § 206, 7 April 2015)?
3. The parties are requested to provide a copy of the complete video footage incorporated to the investigating proceedings.
4. The respondent Government is required to provide information about the anti-violence strategy implemented in the Zona Franca CIE in Barcelona, on what measures were implemented in the CIE to eradicate physical ill-treatment and on the training in inter-cultural communication, physical techniques of restraint and prevention of ill-treatment received by the police officers that worked at the CIE and were involved in the events of 12 January 2020.