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.


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

JUSTICIA European Rights Network