Published on 10 February 2025
 
SECOND SECTION
Application no. 36295/22
Fikret JASHAROVSKI and Others
against North Macedonia
lodged on 15 July 2022
communicated on 20 January 2025
SUBJECT MATTER OF THE CASE
The application concerns allegations of the domestic authorities’ failure to conduct an effective investigation into claims of police brutality during the applicants’ arrest.
One police officer was convicted of police brutality in relation to one of the applicants, N.J., regarding the incident and sentenced to one year’s imprisonment, with no information available as to whether the decision has ever become final.
Two levels of prosecution dismissed the applicants’ complaints concerning the involvement of the remaining three officers in the alleged police brutality, noting that disciplinary measures had already been imposed on them. No oral evidence was heard from the applicant S.V., nor from the eyewitnesses proposed by the applicants, and the medical expert report submitted by the applicants was not taken into account.
The applicants complain under Article 3 of the Convention that the domestic authorities had failed to carry out an effective investigation into the allegations of police brutality.
 
 
QUESTION TO THE PARTIES
Having regard to the procedural protection from inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in compliance with Article 3 of the Convention?
 
 
 
APPENDIX
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Fikret JASHAROVSKI
1985
 
Macedonian/ citizen of Republic of North Macedonia
 
 
Bitola
 
2.
Nevzat JASHAROVSKI
1965
3.
Safet VELIOVSKI
1968