PART 2: How to Bring a Case to the Court
with information about their relevance to the events in question. In the context of
Article 3 complaints, such witnesses may include the perpetrators of the ill-treatment, doctors who carried out medical examinations of the applicant, investigating authorities to whose attention the allegations of ill-treatment were brought
or eye-witnesses.
If the Court decides to hold a fact-finding hearing, it is imperative for an applicant
to be represented by a lawyer who is capable of asking pertinent questions and adequately cross-examining witnesses. It is not uncommon for previously undisclosed
documents to be produced during a fact-finding hearing and the representative
must be able to study such documents on very short notice and formulate new
questions in light of them.
The Court’s Registry will arrange simultaneous interpretation. The costs associated with fact-finding hearings will be borne by the Council of Europe. Following
the hearing, the parties will receive the verbatim records of the hearing and will
usually be able to submit further observations on the basis of the information
obtained in the hearing.
It is important to add that fact-finding hearings are relatively rare, not least because of the Court’s heavy case load. In addition, neither witnesses nor governmental officials can be obliged to attend fact-finding hearings, which can limit their
success. Furthermore, fact-finding hearings are also cost intensive as they involve
several judges, members of the registry and interpreters.
Despite such concerns, the Court has held a number of fact-finding hearings and
missions. For instance in the case of Davydov and Others v. Ukraine,142 a delegation
of the Court undertook a fact-finding mission to Zamkova Prison, in which the 13
applicants were imprisoned. They alleged that on two occasions in 2001 and 2002
the prison was stormed by members of the special police on a training exercise conducted under the supervision of the prison authorities. At these events, detainees
were subject to serious ill-treatment. Some of the prisoners suffered from serious
injuries including broken bones, severed tendons, concussion and trauma to the
spine. In addition, the applicants alleged that the general conditions in the penitentiary were bad due to overcrowding, lack of an adequate diet, medical treatment
or heating and arbitrary use of disciplinary penalties and solitary confinement.143
141 Davydov and Others v. Ukraine, nos. 17674/02 and 39081/02, 1 July 2010.
142 Ibid., §§ 11–20.
143 Ibid., § 198.
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