Resume
Legal Uncertainty – Problematic Aspects of the Judgment of the European Court of Human Rights in the Case of V. vs. the Czech Republic
Col. in Ret. PhDr. Libor Grepl, Ph.D., Police Academy of the Czech Republic in Prague, Faculty of Security and Law, Department of Criminal Law
Abstract
In a highly challenging mental and physical situation, members of the Police of the Czech Republic intervened against an aggressive patient at a psychiatric hospital, whose actions posed a serious threat to the life and health not only of themselves but also of medical staff members. In a short period of time, police officers had to decide by what means to prevent the patient from further dangerous behaviour. They chose a taser, which resulted in the patient’s death. The national law enforcement authorities, and ultimately the Constitutional Court, found no fault with the conduct of the officers, nor was any misconduct identified during the course of the criminal proceedings. However, the ECHR ruled that Article 2 of the Convention had been violated, both in the substantive and procedural aspects. The article deals with some problematic aspects of assessing this case from the point of view of national and international justice.
Keywords: ECHR, police, right to life, homicide, Constitutional Court.