16
JALLOH v. GERMANY JUDGMENT
A. The parties’ submissions
1. The applicant
58. According to the applicant, the administration of emetics by force
had constituted a serious interference with his physical integrity and posed a
serious threat to his health, and even life, since the emetics used –
ipecacuanha syrup and apomorphine – could have provoked life-threatening
side effects. The insertion of a tube by force through the nose of a suspect
who did not cooperate in the procedure could have caused damage to the
nose, throat and gullet and even burst drug bubbles in the stomach. The
danger of administering emetics by force was illustrated by the fact that it
had already resulted in the deaths of two suspects in Germany. The vast
majority of the member States of the Council of Europe as well as the
United States considered this method to be illegal. The interference could
not be justified on grounds of medical assistance. On the contrary, it merely
increased the risk of the suspect being poisoned by the drugs he had
swallowed. A suspect’s express opposition to undergoing medical treatment
had to be respected in a democratic society as part of the individual’s right
to self-determination.
59. The applicant further argued that the administration of emetics had
been aimed at intimidating and debasing him in disregard of his human
dignity. The manner in which he had been forced to undergo a
life-threatening medical intervention had been violent, agonising and
humiliating. He had been degraded to the point of having to vomit while
being observed by several police officers. Being in police custody, he had
found himself in a particularly vulnerable position.
60. Moreover, the applicant maintained that no anamnesis to establish
his medical history and physical condition had been obtained by a doctor
prior to the execution of the impugned measure. Nor had he been given any
medical care and supervision in prison afterwards.
61. The applicant also stressed that he had sustained bodily injury,
notably to his stomach, as was proved by a gastroscopy that had been
performed in the prison hospital. Furthermore, he had been subjected to
intense physical and mental suffering during the process of the
administration of the emetics and by the chemical effects of the substances
concerned.
2. The Government
62. According to the Government, the forcible administration of emetics
entailed merely negligible risks to health. Ipecacuanha syrup was not a
dangerous substance. In fact, it was given to children who had been
poisoned. The introduction of a very flexible tube through the applicant’s
nose had not put him at risk, even though he had resisted the procedure. The
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents