Cour européenne des droits de l’Homme
15 janvier 2019
Facts
The applicant, a Croatian citizen, was placed in pre-trial detention in Serbia because he was suspected of having attempted to pay a toll at the border crossing between Serbia and Croatia with a counterfeit banknote. During his detention, Mr Gjini was subjected to humiliation and ill-treatment by his cellmates, especially violence and sexual abuse.
Complaint
The applicant complained under Article 3 of the Convention of the ill treatment he had suffered while in detention, of the failure of the domestic authorities to protect him and of the lack of an effective investigation and response from the domestic authorities.
Court’s ruling
The Court found that it has been established that the applicant suffered ill-treatment from his cellmates, and that it was of sufficient severity for Article 3 to apply. Although the applicant had never filed a formal complaint, the Court noted that in the reports from the Committee for the Prevention of Torture (CPT), inter-prisoner violence in the prison had repeatedly been pointed out as a serious problem and no measures had been taken by the prison or national authorities to stop such behaviour.
Moreover, according to the Court, prison officers must have noticed that the applicant was being ill-treated. However, they had failed to react to the signs of abuse, had failed to provide a safe environment for the applicant and had not at any time detected, prevented or monitored the acts of violence against him.
The Court therefore found a violation of Article 3 of the Convention. It also considered that even if the applicant had not filed a formal complaint, the prison administration should have informed the competent authorities, who should have conducted an effective official investigation.