FERNANDEZ KERR v. BELGIUM - 19328/09 - Chamber Judgment (French text) [2013] ECHR 882 (26 September 2013)

FERNANDEZ KERR v. BELGIUM - 19328/09 - Chamber Judgment (French text) [2013] ECHR 882 (26 September 2013)

The Court found that the use of force by police during the applicant's arrest, though resulting in non-trivial injuries, was strictly necessary and not disproportionate given the applicant's active resistance. The authorities acted in good faith based on a mistaken identification, and the investigation, while not...

Source-derived case information.

Citation
[2013] ECHR 882
Parties
Applicant: Pedro Casimiro Fernandez Kerr; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Application partly admissible; no violation found
Legal Topics
Article 3 ECHR (prohibition of Torture, Inhuman or Degrading Treatment), Police Conduct, Right to Effective Investigation, Use of Force by Law Enforcement, Procedural Obligations Under ECHR
Human Rights Law Criminal Procedure Article 3 ECHR (prohibition of Torture, Inhuman or Degrading Treatment) Police Conduct Right to Effective Investigation Use of Force by Law Enforcement Procedural Obligations Under ECHR

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Parties

Pedro Casimiro Fernandez Kerr

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment by police contrary to Article 3 ECHR
  2. 2 Whether the authorities failed to conduct an effective investigation into the applicant's allegations of ill-treatment

Ratio Decidendi

The Court found that the use of force by police during the applicant's arrest, though resulting in non-trivial injuries, was strictly necessary and not disproportionate given the applicant's active resistance. The authorities acted in good faith based on a mistaken identification, and the investigation, while not without delay, was sufficiently thorough and independent to meet the requirements of Article 3 ECHR. Therefore, there was no violation of Article 3, either substantively or procedurally.

Court Disposition

Application partly admissible; no violation found

Orders

  • The application is declared admissible as to the Article 3 complaint and inadmissible as to the Article 6 §1 complaint regarding the length of proceedings.
  • It is held that there has been no violation of Article 3 of the Convention.