Coacción administrativa, responsabilidad patrimonial del Estado y Convenio Europeo de Derechos Humanos

Authors

  • JAVIER BARCELONA LLOP

Keywords:

patrimonial liability of the Administration, European Convention on Human Rights, action of the police forces, proportionality, right to physical integrity, right to an effective remedy.

Abstract

The ECHR’s judgement in the case Iribarren Pinillos v. Spain declares that had been a violation of article 3 of the European Convention on Human Rights (prohibition of torture or inhuman or degrading treatment) because the Spanish Supreme Court did not award a dammage compensation to the applicant, who had been severely wounded by the police forces. The Strasbourg judgement deduces from article 3 ECHR a right to be compensated regardless of a previous declaration of violation (material or procedural) of the right ensured by the article 3 and of the right to an effective remedy (art. 13).

Published

2009-09-08

Issue

Section

CASE LAW