This post was written by Sophie Forrez. Sophie is a Ph.D. Researcher at the Human Rights Centre of Ghent University. She works on a project on the impact of the European Convention on Human Rights in the Belgian legal order in the early years of the Convention.
In two recent cases, Tali v. Estonia and Gramada v. Romania, the European Court of Human Rights dealt with the use of pepper spray and tear gas. In both cases, the Court found a violation of article 3 of the Convention. The first case concerns the use of pepper spray and the practice of strapping prisoners to a restraint bed in penal institutions. The second case deals with a police officer using tear gas and shooting the applicant in the thigh during an ordinary arrest of an individual who was on the run and took refuge in the applicant’s home. Although in both cases a violation was found, both judgments missed a perfect opportunity to create more clarity on the ground.