Tekin v. Turkey, judgment of 9 June 1998, Reports 1998‑IV, § 67), and the length
of time taken during the initial investigation (see Indelicato v. Italy, no. 31143/96,
§ 37, 18 October 2001).”146
Timeliness is essential to the effectiveness of medical examinations147 and to
the usefulness and reliability of witness testimony, as is repeatedly underlined
by the Court:
“Thirdly, a number of investigative measures were taken very belatedly. The report
on the forensic medical examination of the applicant, for instance, was dated
26 October 1998, that is, more than five weeks after the alleged ill-treatment. The
police officers suspected of ill-treatment were brought before the applicant for
identification only about two years after the incident. The applicant’s mother was
questioned only in 2000, and Dr M from Hospital no. 33 not until 2001, despite
having been among the first witnesses to see the applicant after the accident. The
investigator did not question personnel and patients in Hospital no. 39 until
January 2000 (with the exception of B and Dr K, who had been questioned during the initial investigation). Finally, the applicant’s psychiatric examination was
carried out only in 2001, despite the fact that his mental condition was advanced
by the authorities as the main explanation for his attempted suicide, and as the
basis for the discontinuation of the proceedings.”148
The Guideline also implies the need for promptness during the period from
the initial investigation to any eventual legal proceedings. It does not prescribe
time limits, but the standards followed should reflect the Court’s approach
under Article 5(3) of the ECHR, whereby the Court interprets the concept of
“reasonable time” as requiring “special diligence” and “particular expedition”.149
To a large extent, the assessment will rely upon the circumstances of the case.150
4.3.2 Promptness is a key to maintaining public confidence.
The Strasbourg Court has regularly linked the need for promptness to the
need to maintain the confidence and support of the public. This was made
clear in its judgment in Bati and Others:
146. Mikheev v. Russia, Court’s Judgment of 26 January 2006, application no. 77617/01, para. 109.
147. See para. 104 of the Istanbul Protocol.
148. Mikheev v. Russia, Judgment of 26 January 2006, application no. 77617/01, para. 113. See
also para 114.
149. See mutatis mutandi Wemhoff v. Germany, Judgment of 27 June 1968, application no. 2122/64,
para. 17.
150. See mutatis mutandi Scott v. Spain, Judgment of 18 December 1996, application no. 21335/93,
para. 17.
Effective investigation of ill-treatment – Guidelines ► Page 54
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