The Court indicated that the military criminal jurisdiction "only applies to crimes committed by members of the Public Force on active duty and in relation to the same service," so the direct, close and immediate link of origin must be found between the activity of service and crime. The high court said that the evidence provided by the Police does not show with "the required clarity" that [the Mobile Anti-Disturbance Squadron, or riot police] Esmad's reaction, in that case, was undertaken to counteract a demonstration that had acquired a violent character.
In addition, it pointed out that there are sufficient elements of judgment that lead to consider that in Dilan [Cruz]'s death there was some disproportionate and excessive use of force in trying to control a peaceful protest, that is why the death of the young man is configured under the prima facie concept as violation of human rights. That is, it could be considered as such in principle.
The decision is not yet on the court's website.
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