GÄFGEN v. GERMANY JUDGMENT
31
proceedings before the domestic courts only after lodging his application
with the Court, the fact that those proceedings were still pending could not
be taken into consideration as far as the loss of his victim status was
concerned. Moreover, the Frankfurt am Main Regional Court had excluded
the admissibility not only of the confession of 1 October 2002, but also of
all subsequent confessions made by the applicant before the police, the
prosecution and a judge prior to his trial. However, the applicant, after
having been instructed that his previous confessions could not be used in
evidence, had nevertheless made a new full confession on the second day of
his trial, before any other evidence had been introduced.
(iii) The third-party interveners (the Redress Trust)
114. In the Redress Trust’s submission, international jurisprudence had
recognised that adequate and sufficient remedies in cases of torture and
other prohibited ill-treatment included, in particular, the following forms of
reparation which could be relevant cumulatively in a particular case. Firstly,
an investigation capable of leading to the identification and punishment of
those responsible for any ill-treatment was required (it cited, inter alia,
Assenov and Others v. Bulgaria, 28 October 1998, § 102, Reports
1998-VIII). Secondly, States were obliged to have an effective criminal
justice system capable of effectively punishing those who perpetrated
torture and other prohibited ill-treatment and of deterring the commission of
future offences. The punishment for a violation of Article 3 should reflect
the gravity of the offence and the State’s obligation to punish the agents
responsible had to be complied with seriously and not as a mere formality
(by way of comparison, it cited Nikolova and Velichkova v. Bulgaria,
no. 7888/03, § 63, 20 December 2007). Thirdly, adequate and sufficient
remedies for torture and other forms of ill-treatment included effective civil
remedies; in particular, compensation for pecuniary and non-pecuniary
damage. The Court itself had repeatedly found that a judgment per se was
not sufficient to constitute just satisfaction in cases of serious violations,
such as those of Article 3, and had made an award for non-pecuniary
damage (it cited, for instance, Selçuk and Asker v. Turkey, 24 April 1998,
§§ 117-18, Reports 1998-II). Fourthly, a restoration of rights addressing the
continuing impact of the torture, such as the exclusion of involuntary
confessions, was required. Fifthly, the State had to provide for measures
guaranteeing the non-recurrence of the prohibited conduct.
(c) The Court’s assessment
(i) Recapitulation of the relevant principles
115. The Court reiterates that it falls, firstly, to the national authorities to
redress any violation of the Convention. In this regard, the question whether
an applicant can claim to be the victim of the violation alleged is relevant at
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