In Gedrimas v Lithuania  ECHR 641; (2017) 64 EHRR 14, the European Court of Human Rights held that where police officers used excessive force during an arrest and there was a subsequent failure to investigate the resulting complaint, both matters amounted to a breach of Article 3, justifying damages of €10,000. The case follows the recent decision of Bouyid v Belgium  ECHR 819; (2016) 62 EHRR 32, which held that any use of force by police officers which is not strictly necessary will amount to a breach of Article 3.
A person who was strip-searched in police custody and then moved whilst unclothed was not treated contrary to Article 3 or Article 8 where it was due to his own behaviour, the Court of Appeal has held in Yousif v Commissioner of Police for the Metropolis  EWCA Civ 364.
The appellant was originally from Iraq where he had suffered at the hands of the authorities. He had a personality disorder, post-traumatic stress disorder and paranoia. He had been arrested following an incident of ‘road rage’. He was taken to Paddington Green Police Station, where he remained for some 12 hours. When he was being booked into custody the appellant said ‘yes’ when asked whether he had tried to commit suicide in the past but then refused to give details or respond when asked whether he was feeling suicidal. The custody officer decided that the appellant should be stripped searched and that all of his clothes should be taken from him so that he was left naked in a cell that was constantly monitored by CCTV. During his detention he was moved from one cell to another whilst naked.
In ZH v Commissioner of Police for the Metropolis  EWCA Civ 69 the Court of Appeal found that the police had acted unlawfully, violated an autistic boy’s human rights and discriminated against him by not having proper regard to his condition.
In AKJ & others v Commissioner of Police of the Metropolis & others  EWHC 32 (QB) the High Court determined the appropriate tribunal to try various claims brought by political activists who allege they were deceived into entering sexual relationships with undercover police officers.
In the second article for Police Professional by members of the Serjeants’ Inn Police Team Debra Powell and Susanna Rickard, argue that, in wake of recent cases, there needs to be clear guidance for joint working between police and health services for the care of people suffering from mental disorder.