The CPT often finds, however, that judges and prosecutors show little interest
in complaints of ill-treatment, or fail to ask questions when a person appears
before them with visible injuries.60 The Court, too, has examined the reaction
of prosecutorial and judicial authorities to allegations or other indications of
ill-treatment in several Article 3 cases, such as Aksoy:
“Indeed, under Turkish law the prosecutor was under a duty to carry out an
investigation. However, and whether or not Mr Aksoy made an explicit complaint
to him, he ignored the visible evidence before him that the latter had been tortured (see paragraph 56 above) and no investigation took place. No evidence
has been adduced before the Court to show that any other action was taken,
despite the prosecutor’s awareness of the applicant’s injuries.
Moreover, in the Court’s view, in the circumstances of Mr Aksoy’s case, such an
attitude from a State official under a duty to investigate criminal offences was
tantamount to undermining the effectiveness of any other remedies that may
have existed.”61
In more recent judgment the Court has indicatively underlined:
“The Court further notes that, despite clearly visible injuries on the applicant’s
face which were confirmed by the doctor on 14 April 2009, none of the officials
who had seen him prior to that date, either at Botanica police station, the prosecutor’s office (which had dealt with the criminal case against the applicant),
the GPD’s premises (where investigating judge M. D. had seen him) or prison
no. 13 reacted by informing the prosecution service of possible ill-treatment,
regardless of any complaint on the part of the applicant.”62
2.3.3 Public officials (including police officers and prison staff) should be
formally required to notify the competent authorities immediately
upon becoming aware of allegations or other indications of ill-treatment. Where the authorities receiving these notifications are not
themselves competent to deal with them, they must communicate
the relevant information to the competent authorities.
According to the CPT:
“. . . the legal framework for accountability will be strengthened if public officials
(police officers, prison directors, etc.) are formally required to notify the relevant
60. Ibid.
61. Aksoy v. Turkey, Judgment of 18 December 1996, application no. 21987/93, para. 59. For a
discussion of the judicial authorities’ obligations where there is clear written evidence of
serious ill-treatment, see Ahmet Özkan and Others v. Turkey, Judgment of 6 April 2004,
application no. 21689/93, para. 359.
62. Taraburca v. Moldova, Judgment of 6 December 2011, application no. 18919/10, para. 56.
Effective investigation of ill-treatment – Guidelines ► Page 32
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