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Art 3 (substantive) • Inhuman or degrading treatment • Recourse to physical force by police during operation in Roma community • Failure of authorities to show use of force against applicants during course of arrest indispensable and not excessive • Applicants� injuries most likely caused by beating with batons • Use of force, batons being omitted, recorded retrospectively • Use of batons not justified and use against applicants indicative of presence of repressive element in intervention
Art 3 (procedural) • Effective investigation • Potential of new ordered investigation limited by initial failing investigative response due to the time elapsed since impugned facts • Lack of individual and verifiable assessment of the adequacy and necessity of the use of coercive measures against the applicants • Despite significant efforts during subsequent investigation, as a whole, investigation not effective
Art 14 (+ Art 3) • Lack of investigation into the alleged discrimination against Roma communities in the planning of the operation • State�s positive obligation to take all reasonable steps to unmask any racist motive and to establish whether or not ethnic prejudice may have played a role in the applicants� treatment not complied with
Art 14 (+ Art 3) • No failure to examine alleged discrimination in execution of operation
This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.
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