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:
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

JUSTICIA European Rights Network