issued by the Registrar of the Court
ECHR 029 (2021)
26.01.2021
Serbian man ill-treated by police
In today’s Chamber judgment1 in the case of Zličić v. Serbia (applications nos. 73313/17 and 20143/19)
the European Court of Human Rights held, unanimously, that there had been:
violations of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention
on Human Rights
and, by a majority of six to one, that there had been:
no violation of Article 6 § 1 (right to a fair hearing).
The case concerned the applicant’s alleged ill-treatment by the police, the investigation into his
allegations, and the proceedings that followed. The applicant was also awarded damages in civil
proceedings for police abuse.
The Court found in particular that the decision of the domestic courts alone was sufficient to find a
violation of Article 3 concerning the alleged ill-treatment. However, it noted many other factors that
would lead to that conclusion, including the medical and witness evidence. The Court also found a
violation of Article 3 because of the absence of an adequate investigation into the allegations.
Concerning the right to a fair hearing, the Court stated that the alleged ill-treatment had not been
vital for the conviction, and the applicant had had a fair trial.
Principal facts
The applicant, Aleksandar Zličić, is a Serbian national who was born in 1981 and lives in Novi Sad
(Serbia).
On 10 January 2014 the applicant and his friend were approached by police while sitting outside on a
bench. A police officer asked them if they owned a small plastic bag (the Government stated that it
had contained cannabis). They were arrested.
The applicant asserted that at the police station he had been beaten and stripped, and threats had
been issued in respect of his family and girlfriend. Fearing abuse, he had signed a seizure certificate.
The Government asserted that the applicant had been questioned in accordance with the law and he
had not objected to the officers’ conduct.
On 12 January the applicant sought medical attention, with injuries being noted in the medical report.
The applicant complained to the prosecutor. Evidence from his friend, family members and his
girlfriend corroborated some of what the applicant had attested in terms of injuries and physical
abuse. The public prosecutor at two levels rejected his complaint, finding a lack of evidence. A
constitutional complaint by the applicant was dismissed as the procedure used had not involved any
constitutional breaches.
Criminal charges were also brought against the applicant. He was found guilty of possession and
sentenced to three months’ imprisonment suspended by the Novi Sad Court of First Instance, which
1. Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its 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.
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.
