32
GÄFGEN v. GERMANY JUDGMENT
all stages of the proceedings under the Convention (see, inter alia, Siliadin
v. France, no. 73316/01, § 61, ECHR 2005-VII, and Scordino v. Italy (no. 1)
[GC], no. 36813/97, § 179, ECHR 2006-V). A decision or measure
favourable to the applicant is not, in principle, sufficient to deprive him of
his status as a “victim” for the purposes of Article 34 of the Convention
unless the national authorities have acknowledged, either expressly or in
substance, and then afforded redress for the breach of the Convention (see,
inter alia, Eckle v. Germany, 15 July 1982, § 66, Series A no. 51; Dalban v.
Romania [GC], no. 28114/95, § 44, ECHR 1999-VI; Siliadin, cited above,
§ 62; and Scordino (no. 1), cited above, § 180).
116. As to the redress which is appropriate and sufficient in order to
remedy a breach of a Convention right at national level, the Court has
generally considered this to be dependent on all the circumstances of the
case, having regard, in particular, to the nature of the Convention violation
at stake (compare, for instance, Scordino (no. 1), cited above, § 186). In
cases of willful ill-treatment by State agents in breach of Article 3, the Court
has repeatedly found that two measures are necessary to provide sufficient
redress. Firstly, the State authorities must have conducted a thorough and
effective investigation capable of leading to the identification and
punishment of those responsible (see, inter alia, Krastanov, cited above,
§ 48; Çamdereli v. Turkey, no. 28433/02, §§ 28-29, 17 July 2008; and
Vladimir Romanov, cited above, §§ 79 and 81). Secondly, an award of
compensation to the applicant is required where appropriate (see Vladimir
Romanov, cited above, § 79, and, mutatis mutandis, Aksoy, cited above,
§ 98, and Abdülsamet Yaman v. Turkey, no. 32446/96, § 53, 2 November
2004 (both in the context of Article 13)) or, at least, the possibility of
seeking and obtaining compensation for the damage which the applicant
sustained as a result of the ill-treatment (compare, mutatis mutandis,
Nikolova and Velichkova, cited above, § 56 (concerning a breach of
Article 2); Çamdereli, cited above, § 29; and Yeter v. Turkey, no. 33750/03,
§ 58, 13 January 2009).
117. As regards the requirement of a thorough and effective
investigation, the Court reiterates that where an individual raises an
arguable claim that he has been seriously ill-treated by the police or other
such agents of the State unlawfully and in breach of Article 3, that
provision, read in conjunction with the State’s general duty under Article 1
of the Convention to “secure to everyone within their jurisdiction the rights
and freedoms defined in ... [the] Convention”, requires by implication that
there should be an effective official investigation. Such an investigation, as
with one under Article 2, should be capable of leading to the identification
and punishment of those responsible (see, inter alia, Assenov and Others,
cited above, § 102; Labita, cited above, § 131; Çamdereli, cited above,
§§ 36-37; and Vladimir Romanov, cited above, § 81). For an investigation to
be effective in practice it is a prerequisite that the State has enacted
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