SELMOUNI v. FRANCE JUDGMENT
32
104. The Court notes, lastly, that the above events were not confined to
any one period of police custody during which – without this in any way
justifying them – heightened tension and emotions might have led to such
excesses. It has been clearly established that Mr Selmouni endured repeated
and sustained assaults over a number of days of questioning (see
paragraphs 11-14 above).
105. Under these circumstances, the Court is satisfied that the physical
and mental violence, considered as a whole, committed against the
applicant’s person caused “severe” pain and suffering and was particularly
serious and cruel. Such conduct must be regarded as acts of torture for the
purposes of Article 3 of the Convention.
3. Conclusion
106. There has therefore been a violation of Article 3.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
107. The applicant alleged that the proceedings in respect of his
complaint against the police officers were not conducted within a reasonable
time as required by Article 6 § 1 of the Convention, the relevant part of
which is worded:
“1. In the determination of his civil rights and obligations …, everyone is entitled to
a … hearing within a reasonable time by [a] … tribunal …”
A. Period to be taken into consideration
108. The applicant submitted that the period to be taken into
consideration had begun on 29 November 1991, the date on which he was
brought before the investigating judge following his period in police
custody, or, at the very latest, on 11 December 1991, the date of the
Bobigny investigating judge’s order transmitting the expert medical report
to the public prosecutor’s office. The applicant submitted that since the
investigating judge had taken the initiative of appointing an expert, he could
legitimately assume that the case would be dealt with by the judicial
authorities. Such an obligation was expressly laid down, moreover, by
Article 12 of the United Nations Convention against Torture, under which
the relevant authorities were required to conduct a prompt investigation
wherever there was reasonable ground to believe that an act of torture had
been committed. The applicant contended further that his complaint of
1 December 1992 had been explicit and unequivocal. He therefore
submitted that the date of registration of his complaint and application to
join the proceedings as a civil party could not be considered to be the date
on which the proceedings had commenced.