Individual Application

Violations of the substantive and procedural aspects of the prohibition of torture due to the failure to provide sufficient redress to the applicant

 The applicant, who was a university student at the material time, had been heavily beaten by police officers and a civil person at a demonstration he had participated in. He obtained a medical report from the military hospital, stating that he had been battered. At the end of the criminal proceedings, two police officers involved in the impugned incident were imposed judicial fines but the pronouncement of the said judgment was suspended. The applicant’s appeal against the suspension of the pronouncement of judgment was dismissed by the assize court. Finding a violation, the Constitutional Court concluded that decision on the suspension of the pronouncement of the judgment and the judicial fine imposed on the civilian perpetrator did not afford sufficient redress to the applicant.