EIT: Tahdonvastainen virtsakokeen ottaminen katetrilla oli epäinhimillistä ja halventavaa kohtelua

8.7.2019 | Oikeusuutiset

Markku Fredman

In Chamber judgment in the case of R.S. v. Hungary (application no. 65290/14) the European Court of Human Rights held, unanimously, that there had been:

  • a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights.

The case concerned the applicant being forced to take a urine test via a catheter on suspicion of his being under the influence of alcohol or drugs while driving. The Court found that the authorities had subjected the applicant to a serious interference with his physical and mental integrity, against his will, without it even having been necessary seeing as a blood test had also been carried out to find out whether he had been intoxicated.

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