Question juridique clé
Whether the Geneva authorities arbitrarily applied Arts. 116 and 198 CPP/GE in classing the complaint without opening an instruction.
Solution extraite
No arbitrariness was shown; the authorities could class the case under Art. 116 CPP/GE before an instruction was opened, and Art. 198 al. 2 CPP/GE was not applied.
Motifs extraits
The cantonal authorities based the classing on lack of sufficient indicia and, alternatively, on the view that any force used could have been proportionate and lawful. The Federal Court held that the challenged decision relied on Art. 116 CPP/GE, which authorizes classing before instruction, so no arbitrary application was established.