ENGLISH: Law Study Case

More documents

Recommendations

Info

the parties, differed substantially, there were uncontested elements that allowing the Court to de- termine whether the force used had been proportionate. First, the 3 police officers admmitted having used force and striking Mr. Cakir, and said that the crowd wad involved. Therefore a lot of blows have been given from this crowd who had taken mister Cakir's side. However the Court are no so convinced about this argument. In view of Cakir's hospitalization, the Court states this use of violence in this case was not proportionate. E.2. Violation of Article 3 in conjunction with Article 14: The government claims the police officers do not agree with statements is applicant, and strongly contest those. Furthermore the applicant could not prove these discriminations. The applicant responds it is too difficult to get some evidence, because the insults happened in the police's car. The Court considers that the Crown Prosecutor does not give his opinion in his submissions inviting the judge's chambers about insults from the police officers. So the Court considers that the Belgian authorities have no taken their job seriously, and they did not make an effective investigation, to find out if there have been racial insults during the search. E.3. Violation of Article 3 and 13 in conjunction with Article 6§1: The Court considers that it was unnecessary to examine separately the complaints under Article 13 and Article 6§1. E.4. Procedure and composition of the Court: Judgment was given by a Chamber of seven judges, composed as follows: Ireneu Cabral Barreto (Portugal), President, Françoise Tulkens (Belgium), Vladimiro Zagrebelsky (Italy), Danutė Jočienė (Lithuania), Dragoljub Popović (Serbia), András Sajó (Hungary), Nona Tsotsoria (Georgia), judges, and also Sally Dollé, Section Registrar. 8
F.1. Pantea v. Romania 2 F. Similar <strong>Case</strong>s As every trial to the ECHR, there are many references to other cases. We are going to explore some of them. In the area of violation of Article 3, the Court mentions the case of Pantea v. Romania. The applicant complained about the threatment he received during his stay in jail and furthermore he also complained the national authorities had not conducted an effective inquiry into that treatment. The Court held unanimously that there was a violation of Article 3 of the Convention. The link between our case and this one is bad treatments that the applicants received from the police officers and the prison officers. F.2. Natchova v. Bulgaria In the area of violation of Article 3 in conjunction with Article 14, the Court refers to Natchova v. Bulgaria case. Issues: The applicants report that members of their family have been killed in violation of Article 2 of the Convention, because the national authorities did not take a national law which prohibits the use of violence. Moreover they complain that the national authorities didn't do an effective investigation into the deaths ( violation of Article 2 and 13) and finally they also complain about hostile behavior that led to this death and about the fact that the police did not conduct an effective investigation(violation of Article 2 in conjunction with Article 14). The Court decided that « the authorities had failed to investigate possible racist motives behind the events that had led to the deaths of Mr Angelov and Mr Petkov» 3 . We notice a link between our case and Natchova v. Bulgaria case because the national authorities did not take enough measures to conduct an effective investigation and the Court held violation of these articles. 2 European Court of Human Rights, Pantea v. Romania, 3 juni 2003, Request n. 33343/96. 3 European Court of Human Rights, Natchova and others v. Bulgaria, 6 juli 2005, Requests n.43577/98 et 43579/98. 9
Page 1 and 2: ENGLISH: Law Study Case Teacher: Da
Page 3 and 4: A. Introduction When we are watchin
Page 5 and 6: or who is an expert in law. Lawyers
Page 7: tent strictly necessary in the opin
Page 11: Ø� Books I. Bibliography §� C

ENGLISH: Law Study Case

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?