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Wanneer: 29/10/2011 - 19:24

Peter Rachwalski and Agata Ferenc lived together with a group of friends in an abandoned squat (squat) in Wroclaw. Events which are the subject of a complaint to Strasbourg took place in the night of 14 June 1997 At 3 am they were awakened by police officers who asked whether the persons living in the house know the owner of the car niezamkniętego standing in front of the house.

Police Intervention

The police sought to to tow the car to a nearby parking lot. Those who led the discussion with the Police, argued that it is not prohibited, so that the car was unlocked on the street. They were wylegitymowani by the police (eg checked the vehicle registration document). Exchange of views between police and residents skłotu became more intense, to one of them was used handcuffs and struck him several times. P. Rachwalskiego truncheon struck several times. One of the residents skłotu was taken to a police car, where he had been beaten. P. and A. Ferenc Rachwalski were asked here is to stand up against the wall, while police directed at them determine the "rabble, brudasy, pedals." Police searched the building where the applicant lived, they did it without any provisions of the prosecutor (not shown nor a legal basis for these activities). All of these events lasted more than half an hour, and on leaving the premises by police officers, indicated that some people in the squat, is there illegally, because they have not fulfilled the obligation to register. Two days after these events, carried out a medical examination, it was found that the bodies of the applicants were numerous bruises (one of them the size of 13 x 9 cm).

Applicants filed a notice of the commission of a crime by the police. The prosecutor refused to take action, recognizing that not committed any crime and that the police conduct was justified. P. Rachwalski made a complaint against this decision, pointing to the unnecessary and unjustified police brutality like. Indicated that there was a crossing of their statutory powers.

Inhumane treatment

ECtHR found a violation of Articles by Poland. 3 of the Convention, ie the right to humane treatment. The Court pointed out the imbalance between the means used by the police. He stressed that the applicant did not disturb peace and were not aggressive; complaints about their behavior were not made by the neighbors. The Court noted that the intervention was involved in a large group of police officers and that there was use of force (Police used batons), in a situation in which the applicant has not put up any resistance. In the Court's control was so parked car just an excuse - there was no basis for the use of force by the police and the use of so-far-reaching measures.

Right to privacy

The applicant claimed that the house where they lived, at 3:00 went armed policemen with police dogs, who then searched the house. The Court found that the mode in which they were made by the police intervention could be justified only by meeting the conditions of art. Paragraph 8. 2 of the Convention:

"There shall be no interference by a public authority with the exercise of this right except as provided by law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, prevention of disorder or crime, protection of health or morals or the protection of the rights and freedoms people. "

In the opinion of the Court of the Polish Government has not produced any convincing arguments for the use by police forces so visible: a large group of policemen armed with batons together with the dogs. Recalling its previous jurisprudence of the Court indicated that security measures should be used in order to avoid possible violations and to ensure effective protection of the rights of persons within the meaning of art. 8 of the Convention. Such measures are included, among others in the art. 221 Code of Criminal Procedure and the Law on Police. In this case, however, has not led to avoid a situation that has become the subject of a complaint to Strasbourg. The Court also emphasized, limiting the right to privacy should be associated with the prevention of crime and that the principle should be based on explicit consent to the controlled (the applicant acted under duress). Police decision on entering the house by the Court the applicants have been assessed as disproportionate in that situation, and therefore incompatible with Article. 8 of the Convention.

Press release of the Helsinki Foundation for Human Rights at the European Court of Human Rights
Squat is also home

The European Court of Human Rights after ten years ruled on Rachwalski and Ferenc v. Poland (application 47709/99).

It was about the events of 1997, At. 3 am to Wroclaw house in which lived the complainant, the police entered. The building was known as the squat, "District 69", and its inhabitants - mostly hippies, anarchists, punk - were famous for various social and artistic initiatives.

The reason for intervention was unlocked car parked on the street. The officers, trying to find the owner of the car, ordered a dozen people in the house and leave it set to the wall. According to the applicants at them fell the term "scum", "brudasy", "pedals". It also uses them against police batons. This resulted in numerous bruises.

Is it true that it was not a crime

Injured by a complaint on suspicion of committing a crime. The prosecution, however, assessed that the conduct of police officers was justified and proportionate. In support of its stated inter alia that "the social status of young people, ie the fact that they are students, imposes on them certain obligations, in particular the obligation to cooperate with the police in the name of law and order". As the national law enforcement tended to agree with the police, and A. P. Rachwalski Ferenc decided to refer the case to Strasbourg. They alleged breach of the absolute prohibition of Poland, degrading and inhuman treatment (Article 3 of the Convention) and the right to respect for private and family life (Article 8).

ECtHR has divided these allegations. He pointed to the disproportionate actions of officers. Beatings with batons, bringing groups of police officers, police dogs, as well as an order to leave the house by all the inhabitants in the middle of the night were not in relation to the purpose which prevailed during the official activities (protection of open cars). It is noted that the applicant had not behaved aggressively towards the police or in a manner endangering the public order.

As a result of these events, the applicants' experience a deep sense of helplessness, powerlessness and indignity. " According to the Court such a situation can be regarded as humiliating for them, and thus in contravention of a prohibition of degrading treatment within the meaning of art. 3 of the Convention.

We need guarantees

ECHR also found that in this case there was also a violation of Article. 8 of the Convention, namely the right to privacy. It includes, among others inviolability of the home. In light of the Court, the term "home" means a physically defined space in which the growing private and family life of the individual. Although the ECHR is not directly stated, it is not disputed that the squat, in which the applicant lived, falls within that concept.

The Court noted that under Polish law are measures to protect the private life against interference by public authorities. One of them is art. 221 of the Code of Criminal Procedure, which allows you to search the premises occupied at night only in urgent cases. The night time is considered from time hours. 22 for hours. 6th In the Court's desire to establish an open car owner standing on the street was not a circumstance justifying the intervention undertaken by the police and searched.

ECtHR stressed that there is a high risk of abuse of power and violations of human dignity in situations similar to that in which they found the applicant. He recalled the standard established in another case - Kučera v. Slovakia, the terrorist groups entering the apartment of the suspect without his consent in the chair. 6 in the morning.

In that case, the ECtHR stated that it is necessary to establish special guarantees, which would prevent any abuse and effective protection of the rights secured under Article. 8 of the Convention. Judgement on Rachwalski and Ferenc against Poland is a source of guidance for the police and other uniformed services. Forces also to reflect on the institution detailing the provisions for search.

Adam Bodnar, head of legal department and secretary of the board HFPCz

Barbara Grabowska lawyer in the Litigation Program HFPCz

rozbrat.org

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