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Diritto Penale Europeo
Dettaglio Articolo
Violation of article 3 of the Convention on account of ill-treatment sustained by the applicants and the inadequacy of the investigation into their allegations.

 In the case of Anzhelo Georgiev andOthers v. Bulgaria, the Court found a violation of Article 3 of theConvention on account of ill-treatment sustained by the applicants and theinadequacy of the investigation into their allegations. 

The caseconcerned allegations of excessive use of police force, and notably the use ofelectroshock weapons. The applicants alleged that they had been ill-treated byarmed, masked police officers during a special police operation carried out attheir Internet company’s offices in order to search and seize illegal software.

The Court found that the preliminary inquiry had not provideda plausible explanation for the necessity of the force used against theapplicants. It was particularly unsatisfactory that the prosecuting authoritiesassumed the lawfulness of the use of electroshock weapons, known to causeintense pain and temporary paralysis, despite insufficient evidence to showthat the company employees had disobeyed the police officers’ orders in amanner warranting the use of such weapons.

 

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