As (…) noted in case of Zhyzitskyy V. Ukraine, no. 57980/11, §48-50, ECHR 2015:
(…) 48. The Court emphasizes that where an individual raises an arguable claim that he has been seriously ill-treated in breach of Article 3, that provision, read in conjunction with the State’s general duty under Article 1 of the Convention to “secure to everyone within their jurisdiction the rights and freedoms defined in ... [the] Convention”, requires by implication that there should be an effective official investigation (…) Thus the authorities must always make a serious attempt to find out what happened and should not rely on hasty or ill-founded conclusions to close their investigation or as the basis for their decisions (…)
The events of January 2014 resulted in injuries which concern most intimate parts of my body and are a result of a medical procedure conducted without my consent.
The subsequent numerous attempts at covering up this crime by Polish law enforcement authorities–following filling of notifications of a crime on February 28th 2014 and January 9th 2018, as well as two other related cases in 2016 and 2017–as well as the the apparent interference of Polish state in conducting proper medical examinations, establishing comprehensive medical diagnosis and supplementing documentation of this crime committed against me with proper medico-legal documentation, lasted for well over 5 years now.
These actions clearly show Polish state is not only criminally negligent but is preventing me from properly exercising my natural rights and deliberately suppressing information about these events, which falls under the definition of violations due to lack of an effective investigation.
Considering the extent of suffering and possibly irreversible damage these crimes, lasting 5+ years already, caused, they clearly constitute inhuman or degrading treatment.
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