Facts
On 17 April 1967, a police officer, Jakob, attempted to arrest three young men, Marcel Hochuli, Herbert Heimo and Urs Jakob, who had escaped from a rehabilitation facility. During the arrest, Urs Jakob fled and police officer Jakob pursued him. After several warnings, the police officer shot Urs Jakob in the legs to arrest him. Urs Jakob was injured and had to be hospitalized for several weeks.
The Staatsanwaltschaft of the canton of Basel-Country accused police officer Jakob of intentional bodily harm. The court of first instance sentenced him to a suspended prison sentence, but the court of appeal overturned this judgment and acquitted the police officer.
The Staatsanwaltschaft filed a nullity appeal against this decision, arguing that the police officer had not respected the principle of proportionality in the use of force.
Considerations
The Federal Court examined whether police officer Jakob had acted in a justified manner by shooting Urs Jakob. It considered that the police officer had the right to use force to arrest a suspect who was fleeing and who could pose a danger to himself or others.
The Federal Court also examined the principle of proportionality, which requires that the use of force be proportionate to the gravity of the situation. It considered that the police officer had respected this principle by shooting Urs Jakob…