police officers

Insufficient investigations into the death of a citizen during a police search. Violation of a procedural part of the right to life

JUDGMENT Jabłońska v. Poland 14.05.202 (no. 24913/15) see here  SUMMARY Proportionality in the use of force by police, effective investigation and the right to life. The applicant’s son was stopped for a routine examination by competent police authorities. He was arrested for carrying two bags of white powder and in an attempt to escape, he […]

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The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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Unauthorized consent to obtain a DNA sample is equivalent to non-consent. Taking a saliva without real consent violates the right to privacy

JUDGMENT Dragan Petrovic v. Serbia 14.04.2020 (no. 75229/10) see here SUMMARY The case concerned a police search of the applicant’s flat and the taking of a DNA sample during a murder investigation. The Court found in particular that the search warrant had been specific enough and had been attended by adequate and effective safeguards against […]

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Abduction and disappearance of a citizen by the police. Violation of procedural and substantive aspects of the right to life

JUDGMENT Murdalovy v. Russia  31.03.2020 (no. 51933/08) see here SUMMARY Police abduction and subsequent disappearance of a relative of the fugitives during a counter-terrorism operation in Chechnya. Lack of effective investigation into his disappearance and possible death. Violation of Article 2 of the ECHR (right to life). Torture by the police. Effective investigation and conviction […]

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The investigation into the injury of a woman by a police officer that lasted more than nine years and the lack of legislation on the use of weapons violated the right to life

JUDGMENT Andreea-Marusi Dumitru v. Romania 31.03.2020 (app. no. 9637/16) see here SUMMARY The case concerned the effectiveness and length of the investigation conducted after the applicant sustained gunshot wounds during a police operation at a goods train depot in November 2005. The Court observed that more than nine years and three months had elapsed between […]

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Conviction on the basis of pre-trial testimony of witnesses who failed to testify at the hearing violated fair trial

JUDGMENT Chernika v. Ukraine 12.03.2020 (no. 53791/11) see here SUMMARY Conviction of defendant on the basis of pre-trial testimony of witnesses who failed to testify at the hearing. Infringement of a fair trial. The applicant is a police officer. He was sentenced to 8 years in prison for drug trafficking. During the hearing, 3 key […]

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The father’s failure to participate in the investigation regarding his son’s murder by the police violated his right to life.

JUDGMENT Fountas v. Greece 3-10-2019 (no. 50283/13) see here SUMMARY The police shot the applicant’s son. According to the ECtHR, the national authorities had not dealt with the case to the extent required, although they had fulfilled their obligation to carry out a thorough investigation into the killing, which led to the finding that the […]

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Violent beating of a citizen by police officers for personal reasons! Physical violence constitutes inhuman and degrading treatment.

JUDGMENT  Gülkanat v. Turkey 09.07.2019 (no.38176/08) see here SUMMARY  Ill- treatment of a citizen by police officers  and cover up by senior officers. The applicant, who had not committed a crime, was led by police officers in a wooded area and was beaten for supposedly  harassing the sister in law of an officer.  When transferred to […]

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The use of excessive force by the counter-terrorist service is inhuman and degrading treatment.

JUDGMENT Kanciał v. Poland 23.05.2019 (no. 37023/13) see here SUMMARY Police violence using an electric weapon during a raid by the Anti-Terrorism Service. Exessive use of police  force against the applicant, who had already been immobilized at that time. Incomplete investigation of his allegations of ill treatment. Violation of the substantive and procedural aspect of […]

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