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Previous cases in which the Court has found that the State's obligations under Article 3 were engaged concerned far more serious instances of ill-treatment: beating with a garden cane applied with considerable force on more than one occasion (see A. v. the United Kingdom, 23 September 1998, § 21, Reports of Judgments and Decisions 1998-VI); very serious neglect and abuse for a number of years (see Z and Others v. the United Kingdom [GC], no. 29392/95, §§ 11-36, 40 and 74, ECHR 2001-V); consistent sexual abuse over a period of years (see D.P. and J.C. v. the United Kingdom, no. 38719/97, §§ 66-74, 10 October 2002); extremely serious sexual and physical abuse over a long period of time (see E. and Others v. the United Kingdom, no. 33218/96, §§ 43 and 89, 26 November 2002); multiple rape (see M.C. v. Bulgaria, no. 39272/98, §§ 16-21, 30 and 153, ECHR 2003-XII); beating all over the body with wooden planks, leading to multiple rib fractures (see Secic v. Croatia, no. 40116/02, § 8, 11 and 51, ECHR 2007-VI); and an anal fissure caused by several attackers in highly intimidating circumstances (see Nikolay Dimitrov v. Bulgaria, no. 72663/01, §§ 9 and 70, 27 September 2007).

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Factors such as the nature and context of the treatment, the manner and method of its execution, its duration, its physical and mental effects and, in some instances, the sex, age and state of health of the victim must all be taken into account (see, among many other authorities, Costello-Roberts v. the United Kingdom, 25 March 1993, § 30, Series A no. 247-C).

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Even less serious injuries sustained by the person while under control of the authorities can be considered sufficient to conclude on a violation of Article 3 (see Ribitsch v. Austria, 4 December 1995, §§ 38 and 39, Series A no. 336).