Published on 3 October 2022

FOURTH SECTION

Application no. 24008/20 Henk Jan HESSELINK against the Netherlands lodged on 11 June 2020 communicated on 18 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the alleged disproportionate use of violence against the applicant by two civil servants with investigative powers ( buitengewone opsporingsambtenaren ) who applied a so-called neck hold ( nekklem ) when arresting him. The applicant had been hitting the vehicle of the civil servants and had reacted verbally aggressive against them for crossing his newly seeded lawn when they were leaving his farm. The application also concerns an alleged lack of an effective investigation into the incident. The applicant relies on Article 3 and Article 13 of the Convention.

QUESTIONS TO THE PARTIES

1. Has the applicant been subjected to inhuman or degrading treatment in breach with Article 3 of the Convention? In particular, was the force used in respect of the applicant during his arrest (the “neck hold”) strictly necessary in the circumstances of the case (see Bouyid v. Belgium [GC], no. 23380/09, §§ 81-90 and §§ 100-101, ECHR 2015)?

2. Having regard to the procedural protection from inhuman and degrading treatment, did the investigation conducted by the domestic authorities comply with the requirements under Article 3 of the Convention?