Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.

Vulnerable Accused and Suspected Persons (Measure E) (52 Entries)

Displaying 1-10 of (52)


CASE DATE:
Monday, 14 Dec 2015
STATE:
Russia
OUTCOME:
Remainder inadmissible Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind) Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention, Take proceedings) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage, Just satisfaction) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Effective investigation (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Review of lawfulness of detention (Art. 5-4) Take proceedings (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage (Art. 41) Pecuniary damage


  • DETAIL:

    The first applicant complained that his involuntary confinement in a psychiatric hospital between 25 May and 9 June 2005 constituted a violation of Article 5 § 1 (e) of the Convention. The first applicant complained that he had not had at his disposal an effective procedure by which he could challenge the lawfulness of his detention in the psychiatric hospital. He relied on Article 5 § 4 of the Convention, which provides: “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.”


    COURT:
    ECHR
    ARTICLE:
    3, 5, 5-1, 5-1-e, 5-4, 35, 41

CASE DATE:
Saturday, 10 Oct 2015
STATE:
Austria
OUTCOME:
Remainder inadmissible Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention, Speediness of review) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1-a) After conviction (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Review of lawfulness of detention (Art. 5-4) Speediness of review (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage


  • DETAIL:

    24. The applicant alleged that the length of the proceedings relating to his second application to be released from the psychiatric hospital was in violation of Article 5 § 4 of the Convention. Article 5 provides, so far as relevant, as follows: “1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court; ... (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; ... 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.” 25. The Government contested that argument.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1-a, 5-1-e, 5-4, 35, 41

CASE DATE:
Friday, 18 Sep 2015
STATE:
Russia
OUTCOME:
Remainder inadmissible Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind) No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Reasonable time) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Reasonable time (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage


  • DETAIL:

    I. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 52. The applicant complained that his placement in a psychiatric hospital on the basis of the court’s order of 25 October 2005 had been in violation of his rights under Article 5 of the Convention.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-e, 6, 6-1, 35, 41

CASE DATE:
Monday, 6 Jul 2015
STATE:
Ukraine
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention Article 5-1-e - Persons of unsound mind) Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind (Art. 8) Right to respect for private and family life (Art. 8-1) Respect for private life



CASE DATE:
Tuesday, 19 May 2015
STATE:
Croatia
OUTCOME:
Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies) Remainder inadmissible Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Effective investigation (Art. 3) Inhuman treatment (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies Proportionality Safeguards against abuse


  • DETAIL:

    The applicant complained that she had been unlawfully and unjustifiably interned in the hospital, and that the judicial decision in that regard had not been accompanied by adequate procedural safeguards. She relied on Article 5 §§ 1 (e) and 4 of the Convention.


    COURT:
    ECHR
    ARTICLE:
    3, 5, 5-1, 5-1-e, 35, 35-1

CASE DATE:
Tuesday, 5 May 2015
STATE:
Russia
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind


  • DETAIL:

    The applicant complained that her involuntary placement in a psychiatric hospital constituted a violation of Article 5 § 1 (e) of the Convention... The applicant complained of a violation of Article 5 § 4 of the Convention in the proceedings authorising her involuntary hospitalisation.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-e

CASE DATE:
Tuesday, 17 Mar 2015
STATE:
Bulgaria
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind) Violation of Article 5 - Right to liberty and security (Article 5-4 - Take proceedings) Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation) Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings, Article 6-1 - Access to court) Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect) Violation of Article 13+3 - Right to an effective remedy (Article 3 - Degrading treatment, Prohibition of torture)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Take proceedings (Art. 5-5) Compensation (Art. 6) Right to a fair trial (Art. 6) Civil proceedings (Art. 6-1) Access to court (Art. 13) Right to an effective remedy


  • DETAIL:

    The applicant submitted that his placement in the home of Dragash Voivoda, and then in that of Rusokastro, was contrary to Article 5 § 1 of the Convention. He also alleged numerous other violations of the Convention in relation to his placement in the two homes.


    COURT:
    ECHR
    ARTICLE:
    3, 5, 5-1, 5-1-e, 5-4, 5-5, 6, 6-1, 13, 13+3

CASE DATE:
Wednesday, 25 Feb 2015
STATE:
Poland
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty, Article 5-1-e - Persons of unsound mind) No violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Deprivation of liberty (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Review of lawfulness of detention


  • DETAIL:

    I. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 46. The applicant complained that her compulsory placement and continued deprivation of liberty in a social care home amounted to a violation of her right to liberty, as provided for in Article 5 § 1 of the Convention, the relevant part of which reads as follows: “1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... (e) the lawful detention of persons ... of unsound mind...” 47. The Government contested that argument in general terms. II. ALLEGED VIOLATION OF ARTICLE 5 § 4 OF THE CONVENTION 72. The applicant complained, in essence, that she had no effective procedure by which she could challenge the lawfulness and the necessity of her continued stay in the social care home. She relied on Article 5 § 4 of the Convention which provides as follows: “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.” 73. The Government contested that argument.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-e, 5-4

CASE DATE:
Friday, 13 Feb 2015
STATE:
Romania
OUTCOME:
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-b - Lawful order of a court) Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty, Article 5-1-e - Persons of unsound mind) Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review) No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Reasonable time) No violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Civil proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial, Article 6-3-c - Defence in person) No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) No violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Deprivation of liberty (Art. 5-1) Lawful arrest or detention (Art. 5-1-b) Lawful order of a court (Art. 5-1-e) Persons of unsound mind (Art. 5-4) Speediness of review (Art. 6) Right to a fair trial (Art. 6) Civil proceedings (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-1) Reasonable time (Art. 6-3-C) Defence in person (Art. 8) Right to respect for private and family life (Art. 8-1) Respect for private life


  • DETAIL:

    II. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION 73. The applicant complained of the unlawfulness of her deprivation of liberty on 28 May 2003 when she was held at the prosecutor’s office from 9.30 a.m. until sometime in the afternoon and later confined to a psychiatric hospital, where she was held until 5 June 2003. She relied on Article 5 § 1 of the Convention, the relevant parts of which provide: “1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; ... (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants.” III. ALLEGED VIOLATION OF ARTICLE 5 § 4 OF THE CONVENTION 134. The applicant argued that her complaint against the prosecutor’s decision to order her confinement had not been reviewed by the courts. She relied on Article 5 § 4 of the Convention, which reads as follows: “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.” IV. ALLEGED VIOLATION OF ARTICLE 6 §§ 1 AND 3 (c) OF THE CONVENTION 141. The applicant complained that the length of the criminal proceedings against her had been excessive, that the courts that had examined her case had failed to take her testimony, and that the decisions of the appellate courts had failed to address all the arguments that she had raised before them. She relied on Article 6 §§ 1 and 3 (c) of the Convention, which, in so far as relevant, provides: “1. In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by [a] ... tribunal ... 3. Everyone charged with a criminal offence has the following minimum rights: ... (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require”.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-b, 5-1-e, 5-4, 6, 6+6-3-c, 6-1, 6-3-c, 8, 8-1

CASE DATE:
Tuesday, 27 Jan 2015
STATE:
Switzerland
OUTCOME:
No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention, Article 5-1-e - Persons of unsound mind)
SUBJECT MATTER:

(Art. 5) Right to liberty and security (Art. 5-1) Lawful arrest or detention (Art. 5-1-e) Persons of unsound mind


  • DETAIL:

    The applicant alleged that his continued detention in a prison rather a psychiatric institution during the institutional measure indicated by the Zürich District Court violated Article 5 § 1 of the Convention.


    COURT:
    ECHR
    ARTICLE:
    5, 5-1, 5-1-e

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