Kúria Bans Arbitrary Use Of Handcuffs
- 6 Sep 2017 9:00 AM
Law enforcement officers may not use handcuffs if a detainee co-operates and shows no sign of wanting to flee or put up resistance, the Kúria has ruled, overturning a decision by the Public Administration and Labour Court.
Handcuffing someone, according to the Kúria, is not lawful even if only one police officer is in action.
The preventive use of handcuffs is also inconsistent with rulings by the European Court of Human Rights.
Utcajogász website had appealed to the Kúria after a police officer handcuffed a homeless person in 2015, although the man had shown no signs of fleeing or resisting, and even the police admitted that he had been co-operative throughout.
The man was taken in handcuffs to a police jail, where he was kept in detention for 72 hours.
Utcajogász said the Kúria ruling could set guidelines for police practice and curb the disproportionate and unnecessary use of handcuffs.
Source: Hungary Around the Clock
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