HOVHANNISYAN v. ARMENIA JUDGMENT
11
[GC], no. 54810/00, § 68, ECHR 2006-IX), or if it shows a lack of respect
for, or diminishes, human dignity (see Svinarenko and Slyadnev v. Russia
[GC], nos. 32541/08 and 43441/08, §§ 118 and 138, 17 July 2014).
50. The Court further reiterates that where an individual raises an
arguable claim that he or she has been seriously ill-treated by the police or
other agents of the State in breach of Article 3, that provision requires by
implication that there should be an effective official investigation. The
obligation to carry out an effective investigation into allegations of
treatment infringing Article 3 suffered at the hands of State agents is well
established in the Court’s case-law (see Bouyid, cited above, §§ 114-123),
and for the most recent authority, Jeronovičs v. Latvia [GC], no. 44898/10,
§ 103, ECHR 2016).
51. In order to be “effective”, such an investigation, as with one under
Article 2, must firstly be adequate (see Ramsahai and Others v. the
Netherlands [GC], no. 52391/99, § 324, ECHR 2007-II, and Mustafa Tunç
and Fecire Tunç v. Turkey [GC], no. 24014/05, § 172, 14 April 2015). This
means that it must be capable of leading to the establishment of the facts
and to a determination of whether the force used was or was not justified in
the circumstances and of identifying and – if appropriate – punishing those
responsible (see, inter alia, Giuliani and Gaggio v. Italy [GC],
no. 23458/02, § 301, ECHR 2011 (extracts); Mustafa Tunç and Fecire Tunç,
cited above, § 172; Jeronovičs, cited above, § 107; and Armani Da Silva
v. the United Kingdom [GC], no. 5878/08, § 233, ECHR 2016). An
obligation to investigate “is not an obligation of result, but of means”: not
every investigation necessarily has to be successful or come to a conclusion
which coincides with the claimant’s account of events (see D.M.D., cited
above, § 40).
52. The investigation of serious allegations of ill-treatment must also be
thorough. That means that the authorities must always make a serious
attempt to find out what happened and should not rely on hasty or illfounded conclusions to close their investigation or as the basis of their
decisions. They must take all reasonable steps available to them to secure
the evidence concerning the incident, including eyewitness testimony,
forensic evidence, and so on. Any deficiency in the investigation which
undermines its ability to establish the cause of injuries or the identity of the
persons responsible will risk falling foul of this standard (see Mikheyev
v. Russia, no. 77617/01, § 108, 26 January 2006, and Virabyan v. Armenia,
no. 40094/05, § 162, 2 October 2012).
53. Allegations of ill-treatment contrary to Article 3 must be supported
by appropriate evidence. To assess this evidence, the Court adopts the
standard of proof “beyond reasonable doubt” but adds that such proof may
follow from the coexistence of sufficiently strong, clear and concordant
inferences or of similar unrebutted presumptions of fact (see, among other
authorities, Ireland v. the United Kingdom, cited above, § 161 in fine;
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