GÄFGEN v. GERMANY JUDGMENT
29
Article 3 does not allow for any exceptions or justifying factors or balancing
of interests, irrespective of the conduct of the person concerned and the
nature of the offence at issue.
108. Having regard to the relevant factors for characterising the
treatment to which the applicant was subjected, the Court is satisfied that
the real and immediate threats against the applicant for the purpose of
extracting information from him attained the minimum level of severity to
bring the impugned conduct within the scope of Article 3. It reiterates that
according to its own case-law (see paragraph 91 above), which also refers to
the definition of torture in Article 1 of the United Nations Convention
against Torture (see paragraphs 64 and 90 above), and according to the
views taken by other international human rights monitoring bodies (see
paragraphs 66-68 above), to which the Redress Trust likewise referred, a
threat of torture can amount to torture, as the nature of torture covers both
physical pain and mental suffering. In particular, the fear of physical torture
may itself constitute mental torture. However, there appears to be broad
agreement, and the Court likewise considers, that the classification of
whether a given threat of physical torture amounted to psychological torture
or to inhuman or degrading treatment depends upon all the circumstances of
a given case, including, notably, the severity of the pressure exerted and the
intensity of the mental suffering caused. Contrasting the applicant’s case to
those in which torture has been found to be established in its case-law, the
Court considers that the method of interrogation to which he was subjected
in the circumstances of this case was sufficiently serious to amount to
inhuman treatment prohibited by Article 3, but that it did not reach the level
of cruelty required to attain the threshold of torture.
2. Whether the applicant lost his victim status
(a) The Chamber judgment
109. The Chamber considered that the applicant could no longer claim to
be the victim of a violation of Article 3. It found that the domestic courts
had expressly acknowledged, both in the criminal proceedings against the
applicant and in the criminal proceedings against police officers D. and E.,
that the applicant’s treatment during his interrogation by E. had violated
Article 3. Moreover, the applicant had been afforded sufficient redress for
this breach at national level. The two police officers involved in threatening
him had been convicted and punished and had suffered prejudice in their
careers. In the circumstances of the present case, these convictions had to be
considered sufficient in affording redress in a manner other than by way of
monetary compensation. Furthermore, the use of the proscribed methods of
investigation had resulted in sanctions in that none of the applicant’s pretrial statements had been admitted as evidence at his trial.
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