Use of lethal force by the police: taking the case all the way to Strasbourg to seek answers
The case
On 7 January 2016, Mr F., aged 32, who was in the midst of a mental health crisis, was shot dead during a police operation at a studio flat where he had barricaded himself in alone. His mother has never stopped trying to understand: six shots, thirteen wounds, and questions that remain unanswered.
⚖️ A battle fought at every stage
- Complaint lodged with a claim for civil damages in 2017
- Appeal against the order to dismiss the case before the investigating chamber
- Followed by a referral to the European Court of Human Rights, on the basis of the right to life (Article 2)
Flaws brought to light
The proceedings led the French courts to acknowledge a failure in the investigation: the knife handle found in the deceased’s hand had not been mentioned, seized or sealed by the investigators. The Court of Appeal deemed this ‘regrettable’, and the European Court noted it in its judgment.
The Court’s response
The Court declared the application inadmissible. It found, based on the findings of the French courts, that the use of force had not exceeded what was ‘absolutely necessary’ and that the investigation had established the circumstances of the death.
Why these cases matter
When a person dies in the hands of the police, the State must be held to account. Bringing these cases before the courts means demanding that every shot fired, every decision taken and every investigative action be scrutinised. This is the essence of our commitment to supporting the families.
The applicant was represented by Mr G. Thuan Dit Dieudonné, a solicitor in Strasbourg.
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