Use of Force and Rule of Law Boundaries in Italy: The Roggero and Fakir Cases
أبرز النقاط
- Mario Roggero was convicted of killing two thieves in Grinzane Cavour for firing at the attackers as they were fleeing.
- Abderrahim Fakir lost his life while being forced to the ground and immobilized by the police in Bologna.
- According to the European Convention on Human Rights, the use of lethal force is legal only when 'absolutely necessary'.
- The incidents opened a debate on the principles of proportionality and the rule of law in police and civilian violence.
بالأرقام
Two separate incidents in Italy bring the limits of the use of force and the concept of self-defense in a rule of law state back to the agenda. The conviction of jeweler Mario Roggero for killing two thieves and the death of Abderrahim Fakir during a police intervention in Bologna question the moral and legal boundaries of the response to violence.
The fundamental purpose of a rule of law state is to tie the response to violence to common rules rather than private revenge. Self-defense is a valid exception only as long as the attack continues and the principle of proportionality is observed. In the Roggero case, the court ruled that the fatal shots were fired while the thieves were fleeing and the danger had ceased, concluding that the act turned from defense into punishment.
The authority of police forces to use firearms is also strictly bound by the principles of necessity and proportionality. Fakir's death during his custody brings the George Floyd incident to mind, prompting a reassessment of police intervention protocols worldwide. Such incidents demonstrate that the state's monopoly on force is not an unlimited authority, but a responsibility bounded by the law.
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الأسئلة الشائعة
- Why was the jeweler convicted in the Mario Roggero case?
- The court determined that the fatal shots were fired while the thieves were trying to flee the scene. With the danger having passed, it was ruled that the act was no longer self-defense but carried an intent to punish.
- What caused the death of Abderrahim Fakir?
- Fakir lost his life during a police intervention in Bologna. There is footage of the moments he was forced to the ground and immobilized; however, the exact cause of death will be determined by a judicial investigation.
- How did these incidents affect international policing protocols?
- The Fakir incident, along with similar cases like the death of George Floyd in 2020, brought about a global reconsideration of police intervention techniques, particularly regarding the dangers of applying prolonged pressure in a prone position.
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