28
GÄFGEN v. GERMANY JUDGMENT
102. In so far as the duration of the impugned conduct is concerned, the
Court notes that the interrogation under threat of ill-treatment lasted for
approximately ten minutes.
103. As to its physical and mental effects, the Court notes that the
applicant, who had previously refused to disclose J.’s whereabouts,
confessed under threat as to where he had hidden the body. Thereafter, he
continued to elaborate in detail on J.’s death throughout the investigation
proceedings. The Court therefore considers that the real and immediate
threats of deliberate and imminent ill-treatment to which the applicant was
subjected during his interrogation must be regarded as having caused him
considerable fear, anguish and mental suffering. The applicant, however,
did not submit medical certificates to establish any long-term adverse
psychological consequences suffered or sustained as a result.
104. The Court further observes that the threat was not a spontaneous act
but was premeditated and calculated in a deliberate and intentional manner.
105. As regards the purpose of the threats, the Court is satisfied that the
applicant was intentionally subjected to such treatment in order to extract
information on J.’s whereabouts.
106. The Court further notes that the threats of deliberate and imminent
ill-treatment were made in the context of the applicant being in the custody
of law-enforcement officials, apparently handcuffed, and thus in a state of
vulnerability. It is clear that D. and E. acted in the performance of their
duties as State agents and that they intended, if necessary, to carry out that
threat under medical supervision and by a specially trained officer.
Moreover, D.’s order to threaten the applicant was not a spontaneous
decision, since he had given such an order on a number of earlier occasions
and had become increasingly impatient at the non-compliance of his
subordinates with his directions. The threat took place in an atmosphere of
heightened tension and emotions in circumstances where the police officers
were under intense pressure, believing that J.’s life was in considerable
danger.
107. In this connection, the Court accepts the motivation for the police
officers’ conduct and that they acted in an attempt to save a child’s life.
However, it is necessary to underline that, having regard to the provision of
Article 3 and to its long-established case-law (see paragraph 87 above), the
prohibition on ill-treatment of a person applies irrespective of the conduct of
the victim or the motivation of the authorities. Torture, inhuman or
degrading treatment cannot be inflicted even in circumstances where the life
of an individual is at risk. No derogation is allowed even in the event of a
public emergency threatening the life of the nation. Article 3, which has
been framed in unambiguous terms, recognises that every human being has
an absolute, inalienable right not to be subjected to torture or to inhuman or
degrading treatment under any circumstances, even the most difficult. The
philosophical basis underpinning the absolute nature of the right under
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