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:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5.1, Article 3
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention. Prohibition of degrading treatment.


  • DETAIL:

    The applicant alleges that his detention in a psychiatric prison where he did not receive treatment or appropriate support for his mental and physical condition and without any realistic prospect of rehabilitation amounted to inhuman or degrading treatment. He also alleged that he was unlawfully deprived of his liberty.


    COURT:
    ECHR
    ARTICLE:
    3, 5.1, 5.4

CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5.
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5.
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5.
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Wednesday, 9 Apr 2014
STATE:
Belgium
OUTCOME:
Violation of Article 5.
SUBJECT MATTER:

Right to liberty and security. Persons of unsound mind. Review of lawfulness of detention.



CASE DATE:
Monday, 17 Mar 2014
STATE:
Latvia
OUTCOME:
Violation of Article 5.1, 5.4, 5.5
SUBJECT MATTER:

Right to liberty and security. Person of unsound mind. Lawful arrest or detention. Judicial review of detention decision within a reasonable time.


  • DETAIL:

    The applicant alleges that the decision ordering him to undergo compulsory medical treatment had been unlawful, because he had never suffered from a mental illness and because the order had lost its force after changes to the law of criminal defamation. He also complains that his confinement had not been subjected to judicial review within a reasonable time and that he had not been able to obtain compensation for the allegedly unlawful detention.


    COURT:
    ECHR
    ARTICLE:
    5.1, 5.4, 5.5

CASE DATE:
Monday, 6 Jan 2014
STATE:
Germany
OUTCOME:
Communicated case; questions to the parties
SUBJECT MATTER:

Unsound mind. Right to liberty and security. Continuing preventive detention. Retrospective prolongation of preventive detention.


  • DETAIL:

    The applicant complains about his continuing preventive detention beyond the former ten-year time-limit. He claims that his preventive detention was not justified under Art. 5 § 1 (e). Even if he had a personality disorder, he did not suffer from a mental disorder for the purposes of the Therapy Detention Act and was even less a person “of unsound mind” suffering from a mental illness for the purposes of Article 5 § 1 (e). In any event, he was detained in a prison, which was not a suitable institution for mental health patients.


    COURT:
    ECHR
    ARTICLE:
    5.1, 6.1, 7.1

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