Law and relevant articles Quotations. (e)study the text below, making sure you fully comprehend it:

(e)Study the text below, making sure you fully comprehend it:

Article 3. The applicant had had no history of psychopathology before being taken into police custody and there was no material in the file to suggest the existence of psychosomatic instability. He had explained in detail the humiliation that he had felt on being exposed wearing handcuffs publicly, at work in front of staff who had been his patients and around his home. In his case it could be reasonably assumed that there was a causal link between the treatment in question and the beginning of his psychopathological problems, which had been diagnosed two days after his release.

Successive medical reports had confirmed the fact that the applicant had sustained serious trauma following his period in police custody. He had particularly felt humiliated by his exposure to staff who had been his patients. His mental state had been irreversibly marked by the ordeal.

Moreover, on the date of his arrest, the applicant did not have a record that might have lead to fears for security and there was no evidence that he represented a danger for himself or for others or that he had committed criminal acts of self-destruction or violence against others. In particular the Government had given no explanation to justify the need for handcuffs in the present case.

In conclusion, the fact of exposing the applicant to public view wearing handcuffs at the time of his arrest and during the searches had been intended to arouse in him feeling of fear, anguish and inferiority capable of humiliating and debasing him and possibly breaking his moral resistance.

In the particular circumstances of the case, the obligation to wear handcuffs had constituted degrading treatment.

Conclusion: violation.

Article 41. EUR 2,000 for all damage.

NOTES:

causal link - причинная связь

medical report - история болезни; медицинское заключение

sustained – длительный, непрерывный, продолжительный

mental state - психическое состояние

to mark - оставить след, пятно

ordeal - суровое испытание

record - документ, письменно зафиксированное свидетельство; письменное производство по делу

self-destruction - самоубийство; самоуничтожение

inferiority - чувство неполноценности

debasing - унижающий достоинство

(f) Read the text again and copy the sentences that contain the following phrases:

1) had had no history of psychopathology 2) no material in the file to suggest the existence of psychosomatic instability 3) the humiliation that he had felt 4) in front of staff who had been his patients 5) reasonably assumed 6) treatment in question 7) two days after his release.

(g) Translate the following sentences into Russian:

1) Moreover, on the date of his arrest, the applicant did not have a record that might have lead to fears for security and there was no evidence that he represented a danger for himself or for others or that he had committed criminal acts of self-destruction or violence against others. 2) In particular the Government had given no explanation to justify the need for handcuffs in the present case.

(h) Fill in the blanks with the appropriate words from the text:

In conclusion, the ______ of exposing the ______ to public view ______ handcuffs at the ______ of his arrest ______ during the searches ______ been intended to ______ in him feeling ______ fear, anguish and ______ capable of humiliating ______ debasing him and ______ breaking his moral ______. In the particular ______ of the case, ______ obligation to wear ______ had constituted degrading______.

Answer the questions and make a brief summary of the text:

1) What is case V about?

2) What kind of and how many offences had been mentioned in the case?

3) Which of the police officers’ measures were qualified as ‘violation’? Why?

4) What was the European Court of Human Rights final decision?

5) What is your opinion about what had happened?

6) What do you think about the European Court’s conclusion?

7) What would be your final judgment if you were an EC judge?

CASE VI