Instructions: Read the following fictitious scenario and advise the parties involved of their rights assuming that the European Convention on Human Rights was applicable.
The fictitious state of Ega is a party to the ECHR. In its northern city of Lapa, the far right group GRIPPER has established its headquarters. GRIPPER pursues a policy of zero tolerance against other religions and against all foreigners.
One evening during the Covid 19 pandemic GRIPPER assaulted a group of monks that had gathered to pray for the end of the Covid 19 pandemic in the town’s Central Park, accusing them of having caused the pandemic in the first place.
Police were called to the Park but chose to arrest the monks instead, on suspicion of allegedly ‘having started a fight’ in a public place. Police proceeded to take each of the eight monks’ finger prints, DNA samples and uploaded their DNA profiles onto the national database for offenders.
The monks were released without charge but only after spending a night in police custody. The eight monks pleaded thereafter with the Police to respect their privacy and destroy fingerprints, DNA samples and DNA profiles they had taken from each of them but the Police refused.
The entire Ega court system decided in favour of the Police policy of growing its national database in order to facilitate detection and prosecution of criminals in order to keep the public safe.
The monks reveal to the media that their arrest by the Police was an attempt to intimidate and stop them from helping Black Lives Matter campaigners that had taken refuge in their secluded and gated compound after the Police had let their dogs on them while peacefully protesting through the night before their arrest in the park.
Further, Zulu, the Black Lives Matter leader had been taken in by the Police, who later refused to acknowledge his arrest or his security. Zulu’s wife has not heard from or seen Zulu for five months and now fears the worst as Ega Police have a record of killing black men taken into their custody.
Assuming that the State of Ega is a party to ECHR (1950) advise the parties in this fictitious scenario of their lawful positions.
Word count: 1,000 words maximum.
*High marks will be justified by demonstration of a clear and thorough:
Knowledge and understanding of the legal issues.
Knowledge and understanding of the applicable law.
Application of the relevant law to the facts.
Evaluation of the competing public and personal interests.
A good argument justifying your own opinion of what the possible legal outcome would be, with reference to case law.
Presentation that is structured, coherent, succinct and well argued.