It is not without relevance to note that Madi and Selmouni, who had never been in police custody before, could not have made use of previous experience of it to fabricate a completely false story. v. France (no. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. It originated in an application (no. It must therefore leave this point to the discretion of the French authorities. Italy , Application No. In a judgment of 25 March 1999 the Versailles Criminal Court dismissed the objection to jurisdiction raised by Mr Selmouni, on the following grounds in particular: (a)  as to classification of the sex offence as rape: " … The Court must, however, conclude that neither the medical certificates nor the expert reports support the allegation of anal penetration. 27. ‘the acts of violence inflicted on Ahmed Selmouni which he alleges should be classified as acts of torture or barbarism were not inflicted before or during the commission of a crime’ (ibid, para 59). As regards the alleged sexual assault, in the absence of any functional repercussion or visible injury, no sick leave on grounds of total unfitness for work ("ITTP") is necessary as a direct result of the alleged acts. While emphasising that its decision is limited to the circumstances of this case and must not be interpreted as a general statement to the effect that a criminal complaint together with an application to join the proceedings as a civil party is never a remedy which must be used in the event of an allegation of ill-treatment during police custody, the Court decides that the Government's objection on grounds of failure to exhaust domestic remedies cannot be upheld. The assault of which he complains, namely the blows to the left periorbital region of his face, could have caused eye injuries, but apart from subjective symptoms of metamorphopsia, or even reduced vision, and of an isolated problem with the epiretinal membrane, no mark on the eye, in particular the anterior chamber, has ever been found, nor has any sign of haemorrhaging in the retina occurring contemporaneously with the blows complained of and enabling a link to be established between them. 32. Bruise on left hypochondrium. 131. Says sight impaired in left eye.”. 241-A, pp. 8. 47. 11. The Netherlands Government, having regard to the circumstances of the case, supported the applicant's request, observing that the two States concerned are parties to the Convention on the Transfer of Sentenced Persons of 21 March 1993. judgment, p. 25, para. A criminal and civil investigation into the allegations was convened in February 1993 (ibid, para 28). In accordance with the President’s decision, a hearing took place in public in the Human Rights Building, Strasbourg, on 18 March 1999. He claimed that while in police custody he was ill-treated - raped, punched, kicked, urinated on, and threatened with a blowlamp and a syringe. Litigation surrounding the allegations was eventually heard at the Versailles Criminal Court on 5th February 1999 (ibid, para 58). The officer in charge is slightly balding. El Tribunal Europeo de Derechos Humanos determinó que los malos tratos al solicitante mientras estuvo en custodia policial eran lo suficientemente graves como para constituirse en tortura en el sentido del artículo 3 de la Convención Europea de Derechos Humanos, si bien sus denuncias de violencia sexual no tenían fundamento. However, on the actual day I was brought before the investigating judge I had seen a doctor at the Bobigny law courts. Article 35 provides for a distribution of the burden of proof. ". On 27 April 1993 Mrs Mary, the investigating judge at the Bobigny tribunal de grande instance to whom the case had been allocated, issued formal instructions to the Director of the National Police Inspectorate to take all necessary steps to establish the truth. Lastly, the medical certificates annexed to the case file show clearly that the numerous acts of violence were directly inflicted by police officers in the performance of their duties. 82. As Mr Hervé is still in a position of responsibility, it is necessary, as a matter of public policy, that sentence be executed immediately.

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