e Court has consistently held that, in accordance with Article 3 of the Convention, the State must ensure that a person is detained under conditions which are compatible with respect for his human dignity and that the manner and method of the execution of the measure do not subject him to distress or hardship exceeding the unavoidable level of suffering inherent in detention (see {Kudla} v. Poland [GC], No. 30210/96, §§ 92 - 94, ECHR 2000-XI). Ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3 of the Convention. The assessment of this level is relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical and mental effects and, in some cases, the sex, age and state of health of the victim (see, among other authorities, {Kudla} [GC], cited above, § 91, and Peers v. Greece, No. 28524/95, § 67, ECHR 2001-III). Although the purpose of such treatment is a factor to be taken into account, in particular whether it was intended to humiliate or debase the victim, the absence of any such purpose does not inevitably lead to a finding that there has been no violation of Article 3 (see Peers, cited above, § 74).
52. Handcuffing does not normally give rise to an issue under Article 3 of the Convention where the measure has been imposed in connection with a lawful detention and does not entail the use of force or public exposure exceeding what is reasonably considered necessary. In this regard, it is important to consider, for instance, the danger of the person's absconding or causing injury or damage (see Raninen v. Finland, 16 December 1997, § 56, Reports of Judgments and Decisions 1997-VIII; see also Mouisel v. France, No. 67263/01, § 47, ECHR 2002-IX, and Henaf v. France, No. 65436/01, § 49, ECHR 2003-XI).
53. Turning to the circumstances of the case, while the question of the lawfulness of the applicant's arrest and detention raises issues under Article 5 of the Convention (see below), it should be noted that the Custody Act did not authorise the use of handcuffs for putting an end to mass disorder. Hence, the only valid reason for using handcuffs could have been the need to prevent self-harm (see paragraph 41 above). Indeed, after the applicant had swallowed a safety pin and uttered threats of further self-mutilation, the prison staff could legitimately have considered measures to secure his health and well-being. The Court reiterates in that connection that the authorities are under a duty to protect persons in custody and that it is incumbent on the State to account for any injuries suffered during such periods (see, among other authorities, Tarariyeva v. Russia, No. 4353/03, § 73, ECHR 2006-XV).
54. The Court observes that after the applicant had swallowed a pin, he was provided with medical assistance. There is no indication that this assistance was not adequate. Importantly, the decision to apply handcuffs proved to be justified in view of the applicant's reiterated threats of self-mutilation. Lastly, it is noted that having been informed of the events underlying this complaint nearly two years later, the national authorities carried out a number of investigative measures in order to establish the relevant facts, in so far as it remained practicable at the time.
55. In view of the above considerations, the Court considers that the decision of the national authorities to apply handcuffs to the applicant was not incompatible with respect for human dignity, and concludes that he was not subjected to degrading treatment. The remaining allegations made by him, in particular relating to the material conditions of his detention, were not substantiated.
56. There has therefore been no violation of Article 3 of the Convention.
II. Alleged violation of Article 5 § 1 of the Convention
57. The applicant complained that he had been deprived
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