Luxembourg

Constitutional Provisions

The Constitution of Luxembourg (as amended through 2016) does not explicitly protect the rights to life and to freedom from inhumane treatment. 

Article 25 of the Constitution, though,

guarantees the right to assemble peacefully and unarmed in compliance with the laws that govern the exercise of this right, without having to be submitted to a prior authorization. 

The provision "is not applicable to open-air political, religious or other meetings; these meetings remain entirely submitted to the laws and regulations of [the] police." 

Article 97 stipulates that the organisation and tasks of the police are regulated by law.

Treaty Adherence

Global Treaties

Regional Treaties

National Legislation

Police Use of Force

Under the law of 31 May 1999 on the creation of a body of Grand Ducal Police and the General Inspectorate of Police, the Gendarmerie and the Police have been combined in a single body since 1 January 2000. In public order policing, the 1999 law stipulates that use of force and firearms must be preceded by two verbal warnings.

The 1973 Act on Regulating the Use of Force regulates police use of weapons, requiring compliance with the principles of necessity, proportionality, reasonableness, and moderation.

Article 260(1) of the Penal Code prohibits any agent of the state, including the police, from inflicting torture in violation of the 1984 United Nations Convention against Torture.

The 2018 Law on the Grand Ducal Police obligates the police to respect human rights.

Police Oversight

The Grand Ducal Police are under the responsibility of the Minister of the Interior, although they operate under the ultimate control, of the Grand Duke. Day-to-day control is exercised by the Director-General. In 2015, in its Concluding Observations on Luxembourg the Committee against Torture welcomed 

the appointment of a judicial magistrate as the head of the Police Inspectorate as a measure to improve the independence of the Inspectorate. However, it is concerned that the investigatory body, which is a part of the Ministry of Internal Security and composed of former police officers, is not sufficiently independent to ensure the proper and impartial investigations of complaints of police misconduct....

Caselaw

Regional

S. J. v Luxembourg

This case concerned alleged torture as a result of bodily searches of a detainee in prison. In its 2013 judgment, the European Court noted that deprivation of liberty are "inévitably" accompanied by "suffering and humiliation". They did not find a violation of Article 3 of the European Convention of Human Rights.

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