Denied access to food and his diabetes medicine

Violation of the right to liberty and security of a person and the freedom from arbitrary arrest or detention (Art. 3, 9 UNDHR, Art. 9 and 10 ICCPR, Art. 5 ECHR, Art. 6 EUCFR)

The right to liberty and security and protecting individuals against arbitrary arrest or detention includes the right to be informed of the reasons for arrest and to challenge the legality of arrest or detention before a court. The respondent’s arrest was clearly arbitrary since he was in possession of a valid residence permit which he showed to the police officers. The statement made by the officer (“you are with them now”) suggests that the arrest was arbitrary and not based on an individual determination of his status but rather on a group-based, discriminatory treatment (racial profiling).

This treatment also amounts to a vioaltion of the principle of non-discrimination and equality before the law (Art. 2(1) ICCPR and Art. 26 ICCPR)

His detention lasted several hours without being given any clear legal grounds or being charged. Additionally, there was a delay between the arrest and his release (from 9:00 AM to 5:10 PM), raising questions about whether the detention was unnecessary and excessive, which calls for detention to be carried out only under specific legal grounds and for the shortest time possible.

Violation of the prohibition of torture and inhuman or degrading treatment (Art. 5 UDHR, Art. 7 ICCPR, Art. 1, 16 UNCAT, Art. 3 ECHR, Art. 1 and 4 EUCFR)

In light of the respondent’s medical condition and the mental distress caused by the inability to access necessary medication or obtain food for his condition, the treatment by the police amounts to inhuman or degrading treatment under international law. Especially when deprived of one’s liberty, Art. 10 ICCPR sets forth specific safeguards while in custody which the officers have to abide by, but clearly breached.

Also racial profiling leads to a form of psychological abuse and degrading treatment. The authorities failed to consider his individual legal status and health needs, which were linked to the police’s discriminatory practice.

Violation of the freedom of movement and residence (Art. 13 UDHR, Art. 12 ICCPR, Art. 2 of Protocol No. 4 of the ECHR, Art. 45 EUCFR)

The respondent’s right to move freely within the European Union, especially as a legal resident in Italy, has unjustly been restricted without valid legal grounds. There is no indication that the authorities conducted a legitimate verification of his identity or legal status, and he was not informed of the specific charges or reasons for his detention. Instead, his journey was unnecessarily interrupted by his detention although he had a valid residence permit amounting to a discriminatory restriction on his freedom of movement.