Decision Mendy v. France (Application no. 71428/12) (Decision in French only)

The decision is only available in French. Find the press release in English below.

Excerpt(s) from the press statement can be found below the document(s).

It Could be seen from the domestic courts’ decisions, which contained particularly thorough reasoning, that the wildly erratic behaviour of L.M. had indisputably posed an imminent threat to J.-P.H.’s life.

The Court therefore considered that police officer S.T. had acted in the sincere conviction that J.-P.H.’s life was under threat and had genuinely believed it necessary to use force.

The Court reiterated that where it was called upon to examine whether the use of lethal force was legitimate, being detached from the events at issue it could not substitute its own assessment of the situation for that of an officer who was required to react in the heat of the moment to avert a genuinely perceived danger. The Court concluded from all the circumstances that the police officer’s response had been absolutely necessary in the light of the serious immediate threat to J.-P.H.’s life. In view of L.M.’s attitude, the inability of the other police officer, who was injured, to intervene and to the undeniable imminent risk facing J.-P.H., Police officer S.T.’s decision to use his firearm could, in the circumstances, be deemed absolutely necessary in “defence of any person from  unlawful  violence”.