Cour européenne des droits de l’Homme
20 octobre 2011
Facts
The applicant, Mr. Stasi, was placed in pre-trial detention for 2 years and then served 2 more years in prison as a convicted prisoner. He alleged that he was the victim of violence and ill-treatment by his fellow inmates, in particular because of his homosexuality, during his two stays in prison.
Complaints
The applicant complained that the French prison authorities did not take the necessary measures to protect him from his fellow inmates, in violation of Article 3 of the Convention.
Court’s ruling
The Court confirmed that the applicant had been subjected to violence from his fellow inmates, and that the serious degree of this violence amounted to degrading and inhuman treatment. However, the Court considered that the prison authorities took appropriate measures to respond to the reported violence. Indeed, when Mr. Stasi complained about the degrading treatment he was suffering from, he was placed alone in a cell and the prison staff arranged for him to be accompanied by a guard during all his movements. Also, when the applicant attempted to commit suicide, he was seen by a doctor as soon as possible. The Court concluded that the authorities took all the measures that could reasonably be expected of them to protect the applicant’s physical integrity.
The Court further noted that the French domestic law punishes rape and violence and that a criminal investigation had been opened when the applicant filed a complaint for rape and violence. The Court therefore considered that the domestic law afforded the applicant an effective and sufficient protection against attacks on his physical integrity. The Court concluded that there was no violation of Article 3 of the Convention.