Jugement Kantonsgericht (VD - Entscheid/2020/306)

Canton:	VD
Case number:	Entscheid/2020/306

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/306 vom 08.05.2020 (VD)

Date:	08.05.2020
Force of law:	-

Summary:	Y.________ was arrested by the police on March 19, 2019 and held in a cell of the Swiss Army. He was kept there for 19 hours without access to food, water or toilets. Y.________ complained of pain and anxiety. The Swiss Federal Supreme Court ruled that this treatment violated the European Convention on Human Rights. The verdict is an important step for the protection of human rights in Switzerland. More detailed summary: Y.________ was arrested by the police on March 19, 2019 after he was suspected of being involved in a car theft. He was taken to a cell of the Swiss army in Geneva and held there for 19 hours. During this time he had no access to food, water or toilets. He complained of pain and anxiety. Y.________ filed a lawsuit against this treatment before the Swiss Federal Supreme Court. The court ruled that the treatment violated Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment. The court found that Y.________s treatment constituted an unnecessary and disproportionate impairment of his physical and mental health. The verdict is an important step for the protection of human rights in Switzerland. It confirms that Switzerland is obliged to guarantee human rights even in police custody.
Rule of Law:	Art. 100 LTF;Art. 227 CPP;Art. 235 CPP;Art. 3 CPP;Art. 382 CPP;Art. 385 CPP;Art. 396 CPP;Art. 428 CPP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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