European Court of Human Rights
2 April 2020
Facts
In 2006, an anti-riot operation was conducted in a prison in which at least seven inmates, including members of the applicants' families, were killed by the anti-riot forces. Dozens of other inmates were seriously injured.
Complaint
The applicant complained that there had been an indiscriminate and excessive use of lethal force and that the operation had been conducted in an uncontrolled manner without clear chain of command.
Court’s ruling
The Court found that there had been a violation of Article 2 of the Convention in both its procedural and substantive aspects. Regarding the procedural aspect, the Court noted various breaches in the authorities’ investigation of the circumstances in which the riot force quelled the disturbances that had broken out. The investigation lacked independence and impartiality because, for example, the initial investigative measures were conducted by the same prison service that had ordered the riot control measures. Regarding the substantive aspect, the Court examined whether the use of force was legitimate and whether it was proportionate. The Court found that the use of force was not legitimate as it had been used only for punitive and retaliatory purposes. The use of force was not proportionate either for various reasons including the failure to adequately plan the law enforcement response, the use of indiscriminate and excessive lethal force, the subsequent failure of the authorities to provide adequate medical assistance to the detainees etc. The Court concluded that there had been a violation of Article 2 of the Convention.