Czech Republic – Constitutional Court, 27 October 2015, I. ÚS 860/15

Facts:

The applicant is a Cameroonian national who was detained in the Bělá-Jezová detention centre for the purpose of his deportation. He was notified of his deportation only a day before its execution. On the day of his deportation, he passively refused to cooperate with the police. The four police officers used violence, tear gas and handcuffs and transported him to the airport. There, police officers put the applicant on a luggage trolley and transported him through the airport lounge. As the airplane captain refused to take the applicant on board, the applicant was driven back to the detention centre. He was deported several weeks later. 

Decision & reasoning:

The Constitutional Court firstly held that the police treated the applicant as a subject which was to be transported from point A to point B. The court emphasized that the process of deportation must remain human and respect human dignity. The communication is key and the person concerned must be notified with sufficient advance about the time of deportation (24 hours is a strict minimum). The police cannot withhold the information about deportation from the person concerned.

Secondly, any coercion measures must be used only when strictly necessary to complete deportation. But coercive measures can never be used as a revenge or punishment for not complying with police orders. The use of tear gas in a situation when a person is no threat to others but only refuses to comply with police orders is in violation of Article 3 ECHR.

Thirdly, the requirements for an arguable claim are lower for persons deprived of liberty. As they have no freedom to visit a doctor to document their injuries, their testimony must suffice as an arguable claim for the purposes of further investigation.

Lastly, the authorities must investigate any complaint about ill-treatment very promptly and with due diligence. If a person is deprived of liberty, the authorities are obliged to secure evidence (medical examination, photo documentation) on their own motion and very promptly. 

Outcome:

The Constitutional Court directed the relevant authorities to conduct a repeated investigation of the case. 

Observations/comments:

It is the first judgment in the national context which elaborates on standards put on domestic authorities during deportation of foreign nationals, including on the investigation of alleged ill-treatment. Standards furnished by the European Committee for the Prevention of Torture (CPT) standards were quoted. The emphasis on human dignity is very important in this context. The court also stressed the importance of preventing conflict situations through communication and sufficient preparation of persons for deportation.

It is also the first case where the Czech Constitutional Court in fact found a violation of a substantive limb of Article 3 ECHR. 

Other sources:

CPT Standards, CPT / Inf / E (2002) 1 - Rev. 2015