The death of George Floyd at the hands of a police officer generated a wave of political, social and legal actions in the midst of the Covid-19 pandemic. The event occurred when Floyd was arrested on May 25, 2020 by four local police officers in Minnesota (USA), after he used false documents and money to make a purchase at a store.
The event had media relevance and generated demonstrations, protests and criticism from different social sectors due to the abuse of police force.. Street actions were registered in several cities in the United States and around the world, in protest to the events that took Floyd's life. His family and defense demanded that the House Judiciary Committee review the mechanisms that regulate police activity. They stated: "Honor him and make the necessary changes to make the police the solution and not the problem.", said brother, Philonise Floyd.
The officer accused of causing Floyd's death, Derek Chauvin, was dismissed from the Minneapolis Police Department.arrested and transferred to a maximum security prison while he faces various charges of second-degree murder. Bail was set at $1.25 million, which can be reduced to $1 million if he agrees to comply with the law, appear in court and not engage in security activities for public or private bodies, as well as to forgo a weapons permit. It was also set as a condition not to leave the state of Minnesota and not to have contact with any member of the deceased's family. Neither the former police officer nor his defense counsel objected to the bail or the conditions imposed during the hearing.
George Floyd's death as seen from Venezuelan law
In Venezuela, since 2013, the Special Law to Prevent and Punish Torture and Other Cruel, Inhuman or Degrading Treatment came into force.This law seeks to prevent and sanction the ".bad practicesThe "public order procedures" by police and military officers in public order procedures carried out on the occasion of procedures with detainees and treatment of persons in public order tasks.
In addition to the Homicide, the conduct of the police officer against citizen George Floyd, could constitute the crime of "Cruel Treatment" under Venezuelan law.Article 18 of the aforementioned law establishes a penalty of thirteen to twenty-three years of imprisonment against the official who subjects or inflicts cruel treatment to a person subjected or not to deprivation of liberty with the purpose, among other assumptions, of breaking the physical resistance or generating suffering.
The legal instrument also provides for other offenses such as Torture, Inhuman or Degrading Treatment, Physical and Verbal Abuse.
In the wake of the events generated in the Floyd case, the U.S. Congress is discussing the need to approve a legal instrument to sanction police excesses and "bad practices". in procedures carried out by law enforcement agencies in the country.
The first steps towards the creation of a regulatory framework were taken by Minneapolis City Council President Lisa Bender, who announced a total reform of the police force.The aim was to rebuild a new model of public security. At that time, several police authorities in the United States, such as that of Los Angeles, had begun to prohibit strangulation as a police arrest technique.
On June 16, President Trump signed an executive order paving the way for police reform in the U.S. and rejected calls to dismantle state and municipal police. The decree offers federal grants to improve police practices that will allow the creation of a database to track abuses committed by officers.
In his remarks, Trump said he was open to evaluate the necessary measures to avoid this type of incidents, but he was against radical reforms that would prevent police action. "Without police there is chaos," said the head of state.
At the law firm Alan Aldana & Asociados, we are specialists in crimes against fundamental rights, we have handled cases of violation of human rights and excessive application of force by state security agencies in the exercise of their functions, in these cases, we recommend the victims of these crimes and their families, to report the facts to the Public Prosecutor's Office in order to criminally prosecute those responsible and exercise the corresponding civil action for the damages caused.
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