Legal Use of Force by Police: Its Justification by the European Court of Human Rights

• In Event: Police Behavior and Accountability

Abstract

The aim of the present investigation is to suggest an evaluation model of the legal use of force by police from the perspective of the European Court of the Human Rights (ECtHR).
The main goal is to offer a valid and impartial evaluation tool, with the purpose of operationalize the “legal use of force”. As secondary objectives it is expected to show a list of variables with specific influence on its justification, as well as highlight those aspects that acquire major relevance for a more accurate legal and social evaluation.
Its vocation is to universalize its interpretation at any time and place. To that end, the analysis of diverse dimensions was included: legal, environmental, individual, sociocultural and politics as well. All things considered, we get a systemic vision that helps to legally interpret complicated situations where the police use of force take part.
Methodology used respond to a prospective documentary model based on ECtHR sentences. In order to make the present tool we analyze the incidence rate of the variables in the sentences ruled by this court.
All mentioned it is possible to establish an impartial assessment model that helps its justification to be or not legally and socially supported.

Authors

• Salvador Ruiz Ortiz, Murcia Local Police

• José Martínez Marin, Murcia Local Police