The use of force by French police officers – the case of Boukrourou and Others
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The case concerns the death of an individual suffering from psychiatric disorders who was the victim of ill-treatment during a police operation. The Court held unanimously that there had been a violation of Article 3 of the ECHR (prohibition of inhuman or degrading treatment).
Facts
On 12 November 2009 M.B. went into a pharmacy to collect the medication prescribed for his psychiatric disorders. When he was refused a request to exchange medicine with which he was dissatisfied, M.B. became agitated, raising his voice at the pharmacy’s staff who called the police. When the police arrived, they asked that M.B. left the pharmacy and as he refused, they decided to force him out. M.B. fell and whilst struggling on the floor one of the officers tried to handcuff him. He was then punched twice by the officer in the solar plexus, handcuffed and forced into the police van. In the vehicle M.B. continued to struggle, was violent towards the police officers, then fell face down. He was then fastened to the back seat with the police officers continuously applying pressure to his body. The officers called for assistance from the fire brigade. When the firemen entered the van, they noted that M.B.’s breathing and blood circulation had stopped. They then transported M.B. back into the pharmacy and carried out cardiac massage. An emergency doctor administered specialist cardiopulmonary resuscitation but recorded his death soon after.
An investigation was commenced immediately. It was concluded that the death of M.B. had clearly been caused by heart failure brought on by the victim’s state of stress and agitation. Further hearings of witnesses followed. On 25 November 2011 the Ombudsperson submitted their report. In March 2012 the four police officers who had carried out the arrest were charged with manslaughter. In December 2012, it was found that the force used by the police had been necessary and proportionate. This was upheld by the Court of Appeal in October 2013, and in November 2014 the applicant’s appeal was dismissed.
Judgment of the European Court of Human Rights
The Court found that the injuries M.B. had sustained had been caused by the police officers during the arrest. The coercion and force used by the police were deemed unnecessary. The use of violence towards the victim and restraining him in the police van had intensified his agitation, as well as his feeling of exacerbation and confusion as to the course of the events. The violent treatment inflicted upon a vulnerable person by the police officers had been neither justified nor strictly necessary, and amounted to a violation of Article 3 of the Convention (the prohibition of torture and degrading treatment). The Court found no violation of the right to life.
What happens next?
After the judgment had been delivered, in 2018 France submitted an Action Plan to the Committee of Ministers stating that all individual measures, in the form of the recognition of the violation itself and compensation to the applicants, were satisfied. Regarding general measures, the government has also claimed to have successfully addressed the violation and that the legislation, safeguards and police training in place are sufficient to tackle this issue. In 2019 French authorities have followed with an Action Report stating that since the Report (in less than a year) the police received sufficient training, they were made aware of the special care needed when dealing with a mentally disordered person, educated on human rights and ethics of their work, and that all of the desired attitudinal change in the police force had happened. The government therefore asked for the case to be effectively closed.
At the time of writing, the case remains open. However, no NGO communications have been submitted.
· Judgment (extract) and Press Release of the European Court of Human Rights
· Action Plan and Action Report of the French government