Vaudois Police Killing: Congolese Man Case at ECHR
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European Court of Human Rights Reopens Case of Hervé Mandundu Shooting in Bex, Switzerland
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(Last Updated: October 26, 2023)
The 2016 shooting of hervé Mandundu by a Vaudois police officer in Bex, Switzerland, is back under scrutiny. Nine years after the incident, the European Court of Human Rights (ECHR) has agreed to review the case, at the request of the deceased’s family. This decision follows the acquittal of the officer by Swiss courts - a ruling the family contests, alleging failures in the criminal justice process. This article examines the events, the legal proceedings, the ECHR’s involvement, and the broader implications for police use of force in Switzerland.
The incident: November 6, 2016
Around 10:00 PM on November 6, 2016, Hervé Mandundu, a congolese man, forcibly entered his neighbor’s apartment in Bex.Reports indicate Mandundu had consumed ecstasy and was wielding a knife. He initially threatened his neighbor with the knife, gesturing towards their throat, but ultimately left the apartment.
The neighbor alerted the building concierge, and both contacted the police. Upon arrival, five police officers encountered Mandundu. The situation escalated quickly.
According to official accounts, Mandundu initially presented a threat to one officer, forcing them to take cover. A second officer, responding to the scene, encountered Mandundu still holding the knife and approaching him. After issuing a verbal warning, the officer fired three shots, resulting in Mandundu’s death shortly before midnight.
The Swiss Legal Proceedings: Acquittal at All Levels
The police officer involved was charged with murder. However, he was acquitted at first instance in 2021. The court justified the acquittal by stating that the officer had ”no other effective means” to protect his life or physical integrity, given the threat posed by the 30-centimeter knife. the court emphasized the potential for a fatal attack to the face and neck.
this acquittal was upheld in subsequent appeals, including a final ruling by the Federal Court in february 2023. The Federal Court reiterated that the officer had no opportunity to retreat safely, as doing so would have left him vulnerable to a stabbing from behind. The court concluded that the officer’s actions were a justified use of force to prevent imminent danger.
He had no other solution than a targeted shot to stop the victim’s progress.
The family’s Appeal to the European Court of Human Rights
Dissatisfied with the Swiss court rulings, Hervé Mandundu’s family, represented by Me Ludovic Tirelli, appealed to the ECHR.The family argues that the Swiss criminal authorities failed to adequately investigate the circumstances surrounding the shooting and that the acquittals were not based on sufficient evidence.They contend that the use of lethal force was disproportionate and violated Mandundu’s right to life, as protected by Article 2 of the European Convention on Human Rights.
Understanding the European Court of Human rights and its Role
The ECHR,based