20
GÄFGEN v. GERMANY JUDGMENT
36. To admit Ramseroop’s testimony regarding the Hilux and metal box would
require us to shut our eyes to the manner in which the police obtained this information
from him. More seriously, it is tantamount to involving the judicial process in ‘moral
defilement’. This ‘would compromise the integrity of the judicial process (and)
dishonour the administration of justice’. In the long term, the admission of tortureinduced evidence can only have a corrosive effect on the criminal justice system. The
public interest, in my view, demands its exclusion, irrespective of whether such
evidence has an impact on the fairness of the trial.
37. For all these reasons I consider Ramseroop’s evidence relating to the Hilux and
metal box to be inadmissible. ...”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
75. The applicant complained that he had been subjected to torture
contrary to Article 3 of the Convention in the context of his police
interrogation on 1 October 2002. He argued that he was still a victim of that
breach of Article 3, which provides:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
76. The Government contested that view, arguing that the applicant
could no longer claim to be the victim of a violation of Article 3.
A. The applicant’s victim status
77. Article 34 of the Convention provides, where relevant:
“The Court may receive applications from any person ... claiming to be the victim of
a violation by one of the High Contracting Parties of the rights set forth in the
Convention or the Protocols thereto. ...”
78. The Court considers that in the present case it cannot answer the
question whether the applicant subsequently lost his initial status as the
victim of a breach of Article 3 of the Convention within the meaning of
Article 34 of the Convention without having first established how the
applicant was treated in the context of his questioning, and without having
assessed the severity of that treatment in the light of Article 3. Thereafter,
the adequacy or otherwise of the authorities’ response thereto can be
considered.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents