10
HOVHANNISYAN v. ARMENIA JUDGMENT
46. Concerning the procedural aspect of Article 3, the Government
maintained that Armenian law contained all the mechanisms and
investigation procedures required in order to have perpetrators of illtreatment adequately punished. In the present case, the authorities had
carried out an effective investigation, which had led to the conclusion that
no crime had been committed during the incident in question. The
investigation had been thorough, prompt and independent, and the
involvement of the applicant in the process had been adequately ensured.
All the necessary investigative measures had been taken by the investigative
authorities but none of the witness statements had confirmed the applicant’s
allegations. The investigative authorities’ refusal to initiate criminal
proceedings had been upheld by the domestic courts at three levels of
jurisdiction. The inquiry had started on the very day when the applicant had
reported the matter to the police. The results of medical examinations had
been taken into account and relied on together with all the other evidentiary
material. The inquiry had been completely independent and the applicant
had been fully involved in it.
47. There had thus been no violation of the substantive or procedural
aspect of Article 3 of the Convention.
2. The Court’s assessment
(a) General principles
48. The Court reiterates at the outset that ill-treatment must attain a
minimum level of severity if it is to fall within the scope of Article 3. The
assessment of this minimum is relative: it depends on all the circumstances
of the case, such as the nature and context of the treatment, its duration, its
physical and mental effects and, in some instances, the sex, age and state of
health of the victim (see, for example, Bouyid v. Belgium [GC],
no. 23380/09, § 86, ECHR 2015; M. and M. v. Croatia, no. 10161/13,
§ 131, 3 September 2015); and D.M.D. v. Romania, no. 23022/13, § 40,
3 October 2017.
49. Treatment has been held by the Court to be ‘degrading ‒ and thus to
fall within the scope of the prohibition set out in Article 3 of the Convention
‒ if it causes in its victim feelings of fear, anguish and inferiority (see, for
example, Ireland v. the United Kingdom, 18 January 1978, § 167, Series A
no. 25, and Stanev v. Bulgaria [GC], no. 36760/06, § 203, ECHR 2012), if it
humiliates or debases an individual (humiliation in the victim’s own eyes,
see Raninen v. Finland, 16 December 1997, § 32, Reports of Judgments and
Decisions 1997-VIII, and/or in other people’s eyes, see Gutsanovi
v. Bulgaria, no. 34529/10, § 136, ECHR 2013 (extracts)), whether or not
that was the aim (see Labita v. Italy [GC], no. 26772/95, § 120, ECHR
2000-IV), if it breaks the person’s physical or moral resistance or drives him
or her to act against his or her will or conscience (see Jalloh v. Germany