Violent arrest by police. Videotape damage for the event. Insufficient investigation and violation of the procedural part of Article 3 of the ECHR

JUDGMENT Posa v. Hungary 07.07.2020 (app. no. 40885/16) see hre   SUMMARY Corporal violence by police officers. Destruction of video recording of the incident and disappearance of a forensic report. Insufficient research. Violation of procedural part of Article 3 of the ECHR. During his arrest, the applicant, accused of robbery, was dragged to the ground by […]

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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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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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Withdrawal of a gun licence of a person with a criminal record does not violate the ECHR

JUDGMENT Ilinca v. Romania 24.10.2019 (no. 50882/15) see here SUMMARY Withdrawal of a permit authorising the possession of firearms. Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, Mr Ilinca submitted that the domestic courts’ decisions had lacked sufficient reasoning and had been based on secret information to which […]

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Inadequate and faulty research regarding police officer gunshot during an arrest violated the procedural part of the right to life

JUDGMENT Chebab v. France 23.05.2019 (no. 542/13) see here SUMMARY The applicant was shoot by a police officer during his arrest. Numerous shortcomings in the investigation of the applicant’s allegations, procedural irregularities and loss of significant evidence. Long-term research of eight years. The investigation process was neither timely nor effective. Infringement of the procedural aspect […]

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Police officers forced two women in a police station to strip-naked. The lenient sentences imposed on them are incompatible with the explicit prohibition of police ill-treatment

JUDGMENT  O.R. and L.R. v. the Republic of Moldova 30.10.2018 (no. 24129/11) see here  SUMMARY  Arrest of two women after a demonstration. Police officers at the police station forced them to strip naked and do sit-ups. After many years of prosecution, both police officers were convicted of torture by the applicants with the minimum sentence […]

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