Примери за използване на Forcible administration of emetics на Английски и техните преводи на Български
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According to the investigation, he had suffered a cardiac arrest as a result of stress caused by the forcible administration of emetics.
However, it is not satisfied that the forcible administration of emetics was indispensable in the instant case to obtain the evidence.
Moreover, the Government argued that according to the Court? s judgment in Saunders, cited above,drugs obtained by the forcible administration of emetics were admissible in evidence.
Even though the forcible administration of emetics through a nasogastric tube undoubtedly caused some degree of distress and discomfort, it was of relatively short duration.
The Court has already examined the applicant? s complaint concerning the forcible administration of emetics to him under Article 3 of the Convention.
The Court is not satisfied that the forcible administration of emetics, a procedure that has to date resulted in the deaths of two people in the respondent State, entails merely negligible health risks.
In these circumstances, the Court finds that the use in evidence of the drugs obtained by the forcible administration of emetics to the applicant rendered his trial as a whole unfair.
The applicant alleged, in particular, that the forcible administration of emetics in order to obtain evidence of a drugs offence constituted inhuman and degrading treatment prohibited by Article 3 of the Convention.
Moreover, the Government argued that according to the Court's judgment in the case of Saunders v. the United Kingdom,drugs obtained by the forcible administration of emetics were admissible in evidence.
Medical experts disagree as to whether the forcible administration of emetics through the insertion of a nasogastric tube is advisable from a medical point of view.
However, although the Federal Constitutional Court did not decide this issue in the applicant's case, both the Wuppertal District Court andthe Wuppertal Regional Court considered that the section authorised the forcible administration of emetics.
The fact that two suspected drug dealers had died following the forcible administration of emetics in Hamburg and Bremen did not warrant the conclusion that the measure in general posed health risks.
The forcible administration of emetics in the absence of any legal basis therefor also violates the duty to protect human dignity and the accused? s general personality rights(Articles 1§ 1 and 2§ 1 of the Basic Law)….
However, it rejects the Government's arguments concerning the health risks, inter alia,by noting that the forcible administration of emetics has to date“resulted” in the deaths of two people in the respondent State(§ 78).
We accept without hesitation that the forcible administration of emetics to the applicant constituted an interference with his right to respect for his private life in terms of his physical integrity, and that therefore Article 8 is applicable.
Having regard to the foregoing, the Court would also have been prepared to find that allowing the use at the applicant's trial of evidence obtained by the forcible administration of emetics infringed his right not to incriminate himself and therefore rendered his trial as a whole unfair.
The medical experts who argue in favour of the forcible administration of emetics stress that even if this measure is not primarily carried out for medical reasons, it may nevertheless serve to prevent a possibly life-threatening intoxication.
As regards the application of the privilege against self-incrimination in this case, we agree that“the evidence at issue in the present case, namely,drugs hidden in the applicant's body which were obtained by the forcible administration of emetics, could be considered to fall into the category of material having an existence independent of the will of the suspect, the use of which is generally not prohibited in criminal proceedings”(§ 113).
In the Court? s view, the evidence in issue in the present case, namely,drugs hidden in the applicant? s body which were obtained by the forcible administration of emetics, could be considered to fall into the category of material having an existence independent of the will of the suspect, the use of which is generally not prohibited in criminal proceedings.
While the intrusion into privacy under the alternative of waiting for the drugs to pass may be less far-reaching than with the forcible administration of emetics, the advantages of the alternative method from the point of view of the values protected by the Convention are not so obvious as to dictate the exclusion of emetics. .
The relevance of the fact that, according to the material before the Court,few if any other member States appear to permit the forcible administration of emetics to suspected drug offenders, under any circumstances and whatever the gravity of the suspected offence, seems to me to lie in the confirmation it provides of what is to be regarded as acceptable treatment of suspects.
It is said that, because the applicant was only a street dealer and had,at the time of his arrest, clearly not been dealing in drugs on a large scale, the forcible administration of emetics was not indispensable to obtain the evidence against him and the prosecuting authorities could simply have waited for the drugs to have passed out of the applicant's system naturally in accordance with the practice in many other member States of the Council of Europe.
Those medical experts who argue against the administration of emetics by force point out in particular that the forcible introduction of emetics through a nasogastric tube entails considerable health risks.
Having regard to the material before it, it finds that it has not been established that either his treatment for stomach troubles in the prison hospital two and a half months after his arrest orany subsequent medical treatment he received was caused by the forcible administration of the emetics. .