34
GÄFGEN v. GERMANY JUDGMENT
applicant’s human dignity and the prohibition on subjecting prisoners to illtreatment (Article 1 and Article 104 § 1, second sentence, of the Basic Law)
had been disregarded (see paragraph 42 above). In addition to that, in its
judgment of 20 December 2004 convicting police officers D. and E., the
Frankfurt am Main Regional Court found that such methods of investigation
could not be justified as an act of necessity because “necessity” was not a
defence to a violation of the absolute protection of human dignity under
Article 1 of the Basic Law, which also lay at the heart of Article 3 of the
Convention (see paragraph 48 above). In view of this, the Grand Chamber,
which agrees with the findings of the Chamber in this respect, is satisfied
that the domestic courts which were called upon to rule on this issue
acknowledged expressly and in an unequivocal manner that the applicant’s
interrogation had violated Article 3 of the Convention.
121. In assessing whether the national authorities further afforded the
applicant appropriate and sufficient redress for the breach of Article 3, the
Court must determine, in the first place, whether they carried out a thorough
and effective investigation against those responsible in compliance with the
requirements of its case-law. In doing so, the Court has previously taken
into account several criteria. Firstly, important factors for an effective
investigation, viewed as a gauge of the authorities’ determination to identify
and prosecute those responsible, are its promptness (compare, inter alia,
Selmouni, cited above, §§ 78-79; Nikolova and Velichkova, cited above,
§ 59; and Vladimir Romanov, cited above, §§ 85 et seq.) and its expedition
(compare Mikheyev v. Russia, no. 77617/01, § 109, 26 January 2006, and
Dedovskiy and Others v. Russia, no. 7178/03, § 89, 15 May 2008).
Furthermore, the outcome of the investigations and of the ensuing criminal
proceedings, including the sanction imposed as well as disciplinary
measures taken, have been considered decisive. It is vital in ensuring that
the deterrent effect of the judicial system in place and the significance of the
role it is required to play in preventing violations of the prohibition of illtreatment are not undermined (compare Ali and Ayşe Duran v. Turkey,
no. 42942/02, § 62, 8 April 2008; Çamdereli, cited above, § 38; and
Nikolova and Velichkova, cited above, §§ 60 et seq.).
122. The Court notes in the present case that criminal investigations
against police officers D. and E. were opened some three to four months
after the applicant’s questioning on 1 October 2002 (see paragraph 23
above) and that the officers were convicted in a final judgment some two
years and three months after that date. Even though the Court notes that the
Frankfurt am Main Regional Court mitigated their sentence in view of,
among many other factors, the long duration of the proceedings (see
paragraph 50 above), it is prepared to accept that the investigation and the
criminal proceedings were, nevertheless, sufficiently prompt and
expeditious to meet the standards set by the Convention.
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