Post by nijhumnishita033 on Jan 11, 2024 3:06:37 GMT -6
Protection to the Constitutional Court alleging the violation of her right to effective judicial protection in relation to the prohibition of degrading treatment; claim that has been supported by the prosecutor's office. The Second Chamber of the Constitutional Court, based on the consolidated and reiterated constitutional jurisprudence and the European Court of Human Rights on the obligation of effective and efficient investigation of complaints of mistreatment carried out by agents of the authority during situations of deprivation of liberty, reasons that " the investigation carried out into the.
Police conduct considered by the appellant as excessive and an attack on her dignity was not sufficient, as it did not facilitate the adequate clarification of the reported facts ." Given that, based on the Phone Number Data contribution to the court of the audio recordings made by the plaintiff, the factual support for the initial complaint was credible, that is, it constituted a reasonable suspicion based on objective data. The ruling upholds the claim for protection by pointing out that, in the specific circumstances of the case analyzed, “ it was relevant to try to clarify whether or not a body search was carried out with complete nudity and, if so, determine for what purpose and to what extent it was a measure proportionate to the concurrent circumstances .
” And it concludes by remembering that this type of body search, as has been reiterated in previous resolutions referring to the penitentiary environment, in view of its purpose, due to its content or the means used, can lead to particularly intense suffering or cause a humiliation or debasement of the passive subject and constitute, therefore, humiliating and degrading treatment, prohibited by art. 15 of the Constitution. Consequently, the upholding of the amparo entails the annulment of the contested orders and the retroaction of actions so that the requested judicial protection is dispensed with by carrying out an effective and exhaustive investigation aimed at clarifying the reported facts.