Excessive use of force by the police in Europe and the Americas: human rights considerations and challenges

Abstract

Police officers risk their lives on a daily basis to provide crucial services to the society. They are sworn to protect and serve civilians and they are obligated to protect and respect human rights. While the police must treat human rights with the utmost respect, on many occasions, the officers resort to the use of force that it often exceeds the necessary amount and it sometimes leads to death or serious injury. Excessive use of force, torture, ill-treatment, abuse, discrimination, humiliation, mutilation and death by the police are surprising policing practices and they constitute the exception to the rule. Some of the most fundamental human rights, such as “the right to life, liberty and the security of person”, the “right to freedom of expression or opinion”, the “prohibition of arbitrary arrest, detention or exile”, the “prohibition of torture or cruel, degrading or inhuman treatment or punishment”, the “prohibition of discrimination”, the “right to a peaceful assembly or associations” and the “right to an effective remedy” are being constantly violated by the people who swore to protect them. The purpose of this thesis is, through an extensive intercontinental analysis, of case law, international reports, Press articles and already existing literature, as it pertains to police violence in Europe and the Americas, to be able to comprehend where are the boundaries between duty and excess, if racism is one of the main factors of police brutality, if each State punishes unlawful, unjustified and arbitrary policing practices and actions and to finally make suggestions on how this gruesome phenomenon can be dismantled. The first part of this thesis deals with a theoretical background, the legal framework and the codes of conduct that the police must comply with, in order to function as it is meant to, while the second part pertains to the analysis of excessive use of force incidents in Europe, specifically in Greece, Austria, France, Belgium, Slovakia and Italy, as well as the United States of America, Canada and Latin America. The thesis concludes with final remarks on the phenomenon of police brutality and suggests solutions in order for this issue to be tackled.