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, 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

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