003-6257668-8145946
WyrokETPCz2018-11-22
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy długość i nieskuteczność postępowania karnego dotyczącego zarzutów złego traktowania przez funkcjonariuszy policji stanowiły naruszenie proceduralnego aspektu art. 3 Konwencji?Ratio decidendi
Trybunał stwierdził naruszenie art. 3 Konwencji w aspekcie proceduralnym (dochodzenia). Oznacza to, że krajowe władze nie przeprowadziły skutecznego i terminowego dochodzenia w sprawie zarzutów złego traktowania skarżącego przez funkcjonariuszy policji, co stanowiło naruszenie pozytywnych obowiązków państwa wynikających z art. 3 Konwencji.Stan faktyczny
W listopadzie 2008 r. skarżący, Jan Jurasz, został aresztowany i przewieziony do izby wytrzeźwień przez funkcjonariuszy policji miejskiej po kłótni z żoną. Kilka dni później złożył skargę na funkcjonariuszy policji, zarzucając im nadużycie władzy i napaść, przedstawiając zaświadczenia lekarskie. We wrześniu 2015 r. funkcjonariusze policji zostali uznani za winnych, skazani na 12 miesięcy pozbawienia wolności w zawieszeniu i ukarani grzywną. Ich odwołania zostały oddalone.Rozstrzygnięcie
Stwierdza naruszenie art. 3 Konwencji (w aspekcie dochodzenia). Zasądza 12 500 EUR tytułem zadośćuczynienia za szkody niemajątkowe.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 398 (2018)
22.11.2018
Judgments and decisions of 22 November 2018
The European Court of Human Rights has today notified in writing five judgments1 and six decisions2:
three Chamber judgments are summarised below; a separate press release has been issued for one
other Chamber judgment in the case of Konstantinopoulos and Others v. Greece (no. 2)
(nos. 29543/15 and 30984/15);
a separate press release has also been issued for one decision, in the case of Wanner v. Germany
(no. 26892/12);
one Committee judgment, concerning issues which have already been submitted to the Court, and
the five other decisions, can be consulted on Hudoc and do not appear in this press release.
The judgments in French below are indicated with an asterisk (*).
Avagyan v. Armenia (application no. 1837/10)
The applicant, Khosrov Avagyan, is an Armenian national who was born in 1946 and lives in Yerevan.
The case concerned the applicant’s complaint that he had not been able to examine forensic experts
in court although their evidence had played a key role in his conviction for murder.
The charges arose from the fact that he had inherited an apartment from an elderly lady who had
died in January 2007. The initial autopsy found that the lady and her sister, who died at the same
time, had suffered from hypothermia. In June the ladies’ niece complained that the apartment had
actually been left to her in an earlier will and the authorities began an investigation. They ordered
post-mortem forensic examinations, which found that both sisters had died of phosphorous
poisoning.
Mr Avagyan was charged with fraud and two counts of murder for gain in September 2007 and
placed in detention. At his subsequent trial he asked for the experts who had delivered the
conflicting autopsy reports to be summoned but the courts repeatedly rejected that request. He was
found guilty on two counts of aggravated murder for gain and sentenced to life imprisonment in
October 2008. His appeals were all dismissed.
Relying on Article 6 §§ 1 and 3 (d) (right to a fair trial and right to obtain attendance and examination
of witnesses) of the European Convention on Human Rights, Mr Avagyan complained that he had
not been given the opportunity to examine the experts in order to challenge the credibility of their
opinions, which had been decisive in securing his conviction.
Violation of Article 6 §§ 1 and 3 (d)
Just satisfaction: 900 euros (EUR) for non-pecuniary damage
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
Inadmissibility and strike-out decisions are final.
D.L. v. Germany (no. 18297/13)
The applicant, D.L., is a German national who was born in 1974 and lives in Berlin.
In March 2011 a District Court issued a penal order against D.L., finding him guilty of libel and two
counts of assault against S. and B. and fining him 2,400 euros (EUR). D.L. lodged a timely objection
against that order. In May 2011 the District Court admitted the victim S. as private accessory
prosecutor represented by counsel and granted legal aid to him. It also appointed S.’s lawyer to
represent him in the pursuit of his civil claims in the criminal proceedings. In May 2011 the District
Court convicted D.L. of libel and two counts of assault, sentenced him to a fine of EUR 1,350 and
ordered him to pay EUR 430 in damages to S.
Subsequently, D.L. lodged an appeal on facts and law. In July 2011 the Regional Court informed the
public prosecutor of its intention to appoint defence counsel for D.L. The same day a lawyer gave
notice that he now represented the applicant, stating that representation by defence counsel had
been necessary also in first instance since the private accessory prosecutor S. had been represented
by counsel.
Relying in particular on Article 6 §§ 1 and 3 (c) (right to a fair trial/principle of equality of arms/right
to legal assistance of own choosing) D.L. complained that the District Court had not appointed, of its
own motion, defence counsel for him in the first-instance proceedings.
No violation of Article 6 §§ 1 and 3 (c)
Jurasz v. Poland (no. 48327/09)*
The applicant, Jan Jurasz, is a Polish national who was born in 1960 and lives in Węgierska Górka
(Poland).
The case concerned allegations of ill-treatment.
In November 2008 Mr Jurasz was arrested and taken to a sobering-up cell by municipal police
officers following a violent dispute with his wife at home. A few days later he lodged a complaint
against the municipal police officers for abuse of authority and assault, producing medical
certificates in support of his claims.
In September 2015 the police officers were found guilty as charged, given a 12-month suspended
prison sentence and fined. The police officers’ appeals against that decision were dismissed.
Relying on Article 3 (prohibition of inhuman or degrading treatment), Mr Jurasz complained about
his ill-treatment at the hands of the police officers, and about the length and ineffectiveness of the
criminal proceedings.
Violation of Article 3 (investigation)
Just satisfaction: EUR 12,500 (non-pecuniary damage)
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Denis Lambert (tel: + 33 3 90 21 41 09)
Inci Ertekin (tel: + 33 3 90 21 55 30)
Patrick Lannin (tel: + 33 3 90 21 44 18)
Somi Nikol (tel: + 33 3 90 21 64 25)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 14.07.2026. · Źródło