SELMOUNI v. FRANCE JUDGMENT
20
The complete unreliability of the documents drawn up by the investigators is
extremely serious in that the entire functioning of the criminal justice system rests on
the reliance that may be placed on the reports of senior police officers and their
assistants [officiers et agents de police judiciaire].
In view of all the foregoing, the brutality of which the defendants are accused is
patent and the trial court rightly held that during the proceedings they had done
nothing but conceal the truth about their behaviour.
…
As to the sentence
The offences of which the defendants are guilty are exceptionally serious ones, and
that precludes their benefiting from the provisions of the amnesty of 3 August 1995.
They must be regarded as instances of particularly degrading treatment. Having been
committed by senior officials responsible for enforcing the laws of the Republic, they
must be punished firmly as such conduct cannot be justified, irrespective of the
personality of the offenders in their charge and the degree of their corruption and
dangerousness.
The seriousness of the offences, however, cannot be compared with what it would
have been if the sexual assaults had been made out against the defendants. Nor do the
offences appear to have been the result of a concerted plan. In view of the part played
by each, the absence of any previous criminal record and the administrative files on
the defendants, the Court considers that it must accordingly reduce the length of the
prison sentences as indicated in the operative provisions of the judgment and leave it
to the discretion of the defendants’ superiors to determine what disciplinary
consequences are necessary in the case, the prison sentences being suspended, only in
part as regards Hervé, whose responsibility appears greater, regard being had to his
being the officer in charge.
...”
PROCEEDINGS BEFORE THE COMMISSION
66. Mr Selmouni applied to the Commission on 28 December 1992. He
alleged a violation of Articles 3 and 6 § 1 of the Convention.
67. The Commission declared the application (no. 25803/94) admissible
on 25 November 1996. In its report of 11 December 1997 (former Article 31
of the Convention), it expressed the unanimous opinion that there had been
a violation of Articles 3 and 6 § 1. The full text of the Commission’s
opinion is reproduced as an annex to this judgment1.
1. Note by the Registry. For practical reasons this annex will appear only with the final
printed version of the judgment (in the official reports of selected judgments and decisions
of the Court), but a copy of the Commission’s report is obtainable from the Registry.