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:
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

JUSTICIA European Rights Network