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European Observer on fundamental right's respect

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Case Law 22978/05 (23/04/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 04/23/2007

Subject: The Court’s admissibility decision in no way prejudges the merits of the applicant’s complaints. The Court will give a ruling in the coming months as to whether the facts complained of by the applicant entailed a violation of the European Convention on Human Rights. The applicant complained that he had been subjected to torture while being questioned, in that the police officers had threatened him with considerable suffering and rape. He further submitted that his right to not to incriminate himself had been infringed as his confession had been obtained under duress. He relied on Articles 3 (prohibition of torture) and 6 (right to a fair trial) of the European Convention on Human Rights.

Parties: Gafgen c/ Germania

Classification: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Justice