Human Rights and Procedural Coercion: The Search for the Principle of Proportionality

Abstract

This paper analyzes the place of the principle of proportionality in the field of human rights protection and the application of procedural coercion. After analyzing the scientific literature, the concept of the principle of proportionality was revealed and it was established that it is one of the fundamental principles of the Lithuanian legal system, which is of essential importance for ensuring human rights in criminal proceedings. An analysis of the practice of national courts has shown that the principle of proportionality is often not observed when applying procedural coercion measures such as temporary detention and temporary restriction of ownership. It is concluded that it is necessary to establish clearer legal regulation of these procedural coercive measures in Lithuania in order to ensure more effective protection of human rights. The study also analyzes nine ECHR cases against Lithuania related to violations of Articles 2, 3, and 5 of the ECHR and Article 1 of Protocol 1 to the ECHR. Systemic shortcomings in the activities of law enforcement officials have been identified in relation to the disproportionate use of force, failure to comply with the necessity criterion, and ineffective investigation of incidents, leading to the conclusion that it is necessary to improve the practice of law enforcement agencies in applying procedural coercive measures.