The European Court of Human Rights continues to make clear that a failure by member states to protect women from domestic violence will amount to a breach of Article 3. The latest decision in Affaire Buturuga v Romania (App No. 56867/15), available only in French, found a breach of Articles 3 and 8 in respect of a failure to investigate adequately and/or take action on complaints of domestic violence and awarded €10,000 general damages.
€12,000 for unnecessary and disproportionate police use of Taser (and subsequent failure to investigate this)
In Znakovas v Lithuania [2019] ECHR 820, the European Court of Human Rights held that where police officers used a Taser to subdue an arrested person being taken in a police car to a police station and there was then a subsequent failure to investigate the force used, both matters amounted to a breach of Article 3, justifying damages of €12,000.
Domestic violence falls within Article 3, €20,000 for failure to investigate
In Volodina v Russia (Application No 41261/17); [2019] ECHR 539 the European Court of Human Rights has held that domestic violence falls within the description of inhuman or degrading treatment for the purposes of Article 3, such that where the police receive a complaint of this, they are likely to have an obligation to launch an investigation into it for the purposes of identifying and punishing the perpetrator and, possibly, to take protective measures against such further behaviour.
Domestic violence falls within Article 3, €20,000 for failure to investigate
In Volodina v Russia (Application No 41261/17); [2019] ECHR 539 the European Court of Human Rights has held that domestic violence falls within the description of inhuman or degrading treatment for the purposes of Article 3, such that where the police receive a complaint of this, they are likely to have an obligation to launch an investigation into it for the purposes of identifying and punishing the perpetrator and, possibly, to take protective measures against such further behaviour.
Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence
Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.