GÄFGEN v. GERMANY JUDGMENT
21
1. Whether the impugned treatment was contrary to Article 3
(a) The Chamber judgment
79. The Chamber considered that the applicant had been threatened by
detective officer E. on the instructions of the deputy chief of the Frankfurt
am Main police, D., with physical violence causing considerable pain in
order to make him disclose J.’s whereabouts. It found that further threats
alleged by the applicant or alleged physical injuries inflicted during the
interrogation had not been proved beyond reasonable doubt. Having regard
to all the circumstances of the case, the Chamber characterised this threat of
violence as inhuman treatment prohibited by Article 3.
(b) The parties’ submissions
(i) The applicant
80. The applicant claimed that during his interrogation by detective
officer E. on 1 October 2002, he had been subjected to treatment prohibited
by Article 3. Detective officer E. had threatened that “intolerable pain the
likes of which he had never before experienced” would be inflicted on him
if he did not disclose J.’s whereabouts. He had threatened that this pain
would be inflicted without leaving any traces and that an officer, specially
trained in such techniques, was en route to the police station in a helicopter.
To underpin the threat, E. had imitated the sound of the rotating blades of a
helicopter and had described the pain of the torture in graphic detail. The
applicant alleged that concrete measures had in fact been taken at that time
in that a police doctor had subsequently confirmed that she had been
prepared to be present during the torture so as to prevent the applicant from
losing consciousness or the procedure from leaving any traces.
81. The applicant further alleged that he had been threatened with sexual
abuse in that he would be locked up in a cell with two large “Negroes” who
would anally assault him. Physical injuries had also been inflicted on him
during the interrogation. E. had hit him several times on the chest, causing
bruising, and on one occasion had pushed him, causing his head to hit the
wall. He produced two medical certificates of 4 and 7 October 2002 issued
by police doctors to support this claim (see paragraph 21 above). He
claimed that, afterwards, he had been taken to Birstein against his will and
had been obliged to walk without shoes through woods to where he had left
the corpse and, at the command of the police, he had had to point out its
precise location. He had also been forced to disclose other evidence on the
return journey from Birstein. He claimed that he had been threatened by the
police at a time when they had already been aware that J. was dead and had
therefore been forced to incriminate himself solely in order to further the
criminal investigations against him.
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