JALLOH v. GERMANY JUDGMENT
15
54. The applicant partly contested the Government’s findings. He noted
that the Government had said that three countries other than Germany
(Luxembourg, “the former Yugoslav Republic of Macedonia” and Norway)
permitted the administration of emetics to suspected drug dealers and used
the measure in practice. However, he said that the Government had failed to
adduce any evidence of emetics being administered by force against the
accused’s will in those member States. With respect to Norway in
particular, the applicant disputed that the forcible introduction of a
nasogastric tube as in his case was legal. As regards the administration of
emetics in Croatia, Poland and Slovenia, he contested the existence of any
legal basis for such a measure in those countries, irrespective of the position
in practice. Consequently, Germany was the only Contracting State which
was proven to actually resort to the impugned measure. In all the other
member States the authorities waited for the drugs to pass through the body
naturally.
55. Other materials before the Court confirm the parties’ findings that
emetics are not forcibly administered in practice in several Convention
States examined (Belgium, Estonia, France, Ireland, the Netherlands, Spain
and the United Kingdom). In these States, the authorities wait for the drugs
to pass through the body naturally. Use is routinely made of special toilets
to recover and clean drugs that have been swallowed. The materials further
indicated that in Norway special toilets (so-called Pacto 500 toilets) are
generally used in order to recover ingested drugs. However, during its visit
to Norway in 1993, the European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT) witnessed the
administration of an emetic (brine) to a detainee in Oslo police headquarters
(see the CPT report on its visit to Norway in 1993, § 25). With respect to
Poland, it has not been confirmed whether emetics are administered by force
in practice.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
56. The applicant claimed that he had been subjected to inhuman and
degrading treatment as a result of having been forcibly administered
emetics. He relied on Article 3 of the Convention, which provides:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
57. The Government contested this allegation.
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