REPORTS
Torosian v. Greece: European Court of Human Rights finds Greece to be in violation of Article 3 of the ECHR
Article 3 of the European Convention on Human Rights (ECHR) recognizes the right not to be subjected to torture or to inhuman or degrading treatment. This right is considered to consist of two aspects, the substantive and the procedural. In its substantive aspect, states have an obligation not to allow the torture or inhumane or degrading treatment of persons in state custody (the so-called ‘negative’ obligation). Under the procedural part of the same article, states have an obligation, where ill-treatment is alleged, to conduct prompt, thorough and independent investigation in order to prevent a climate of tolerance and impunity for such practices. This obligation is also called the ‘positive’ obligation.
On 07-07-2022, the European Court of Human Rights (hereinafter referred to as the ECtHR) issued its decision in the case of Torosian v. Greece (application no. 48195/17), which recognised that Greece had violated Article 3 of the ECHR in its procedural part. See the decision as posted in the HUDOC database here and the ECtHR press release here.
The appeal concerned the applicant’s arrest in February 2015 in Thessaloniki, in the context of an outstanding arrest warrant. During the interrogation, he claimed that he had been punched, kicked and hit whilst pinned down in a chair, and that he had been threatened with sexual violence. In the following days he was found to have injuries to his upper body and was taken to the hospital where it was found that he had suffered a perforated stomach.
The applicant’s complaint to the public prosecutor was not pursued. His complaint was also dismissed by the prosecutor of the Court of Appeal, and the preliminary investigation that had been ordered was closed without any findings of wrongdoing.
The Court noted that the Council of Europe’s Committee against Torture’s 2015 report had highlighted systemic deficiencies in the investigation of similar allegations, and the ECtHR ultimately ruled that in this case there had been a breach of the state’s positive obligation stemming from Article 3, since the investigation conducted did not meet the legal standards.
Respect for fundamental rights is one of the key components of a state that is governed by the rule of law. The fundamental rights that every citizen should enjoy are enshrined in the European Convention on Human Rights. It is a primary and indisputable obligation of the state to respect these rights.
In this particular case, however, the European Court of Human Rights ruled that there was a violation of Article 3 of the ECHR.
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