Press Release | Ruling by the ECtHR on an incident of police brutality
Ruling by the ECtHR on an incident of police brutality
In its recent ruling, Panagiotopoulos and Others v. Greece (https://hudoc.echr.coe.int/?i=001-240187) of 21.01.2025, the European Court of Human Rights (ECtHR) makes extensive reference to the (two) reports of the Ombudsman in the context of an investigation under the special competence of the National Mechanism for the Investigation of Arbitrary Incidents in the Police Force.
After reviewing the disciplinary case file, the Independent Authority referred the findings of the conducted internal inquiry to the Police for completion, due to administrative irregularities during the investigation with emphasis on the apparent lack of independence of the criminal trial from the disciplinary procedure and the lack of a forensic examination. The Hellenic Police, however, after completing the administrative investigation, closed the case, fully adopting the acquittal of the police officers involved in the criminal proceedings, without exercising its discretion to rule differently, basing its judgment on the different conditions set by the disciplinary law, as, among other things, the Authority points out in its conclusion.
In its decision, the ECtHR found a violation of the procedural aspects of article 3 of the ECHR (failure of the authorities to effectively investigate a case of inhuman and degrading treatment) for all three applicants, a violation of the substantive aspect of Article 3 for two of the applicants (prohibition of inhuman and degrading treatment) and a violation of Article 3 taken in conjunction with Article 14 (failure of the authorities to effectively investigate any racist motive in a case of inhuman and degrading treatment) for all applicants in the case of three Roma citizens in an incident of persecution, summoning, arrest and detention in a police station.
The unyielding protection and strengthening of independent mechanisms for the control of the actions of the administration, with the aim of safeguarding the fundamental rights of citizens and achieving social peace, find their legal and political basis in the basic principles of a modern European and democratic state governed by the rule of law. This is precisely the condition attested by the continuous recognition of the work of the Independent Authority of the Greek Ombudsman by the ECtHR.