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Pantea v Romania , App no. 33343/96, 185-186, 3 June 2003.

Facts: the applicant was a Romanian national who was prosecuted for assault and detained. While in custody he was allegedly beaten by the other prisoners and was immobilized with handcuffs. He suffered from factures, injuries and psychological torture as a result and did not receive any treatment.

Complaint: the applicant claimed his detention amounted to inhuman treatment in violation of article 3, article 5 1; 3; 4; 5 and of article 8 of the Convention.

Holding: the ECHR found a violation of article 3.

Reasoning: it was confirmed that the applicant had been assaulted while in detention and that no evidence showed that treatment was prescribed to him. This was sufficient to constitute inhuman and degrading treatment. Furthermore, the authorities had failed to discharge their positive obligation to protect the applicant's physical integrity. Accordingly there had been a violation of article 3.

 

 

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