Citations: 28796/07 – Chamber Judgment, [2013] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Petukhova v Russia (Legal Summary) ECHR 2-May-2013 ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In … Continue reading Petukhova v Russia: ECHR 2 May 2013
Citations: 49872/11 – Chamber Judgment, [2013] ECHR 389 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . . Legal Summary – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest … Continue reading Tymoshenko v Ukraine: ECHR 30 Apr 2013
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention No violation of Article 5 Citations: 70440/10, [2017] ECHR 550 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607667
ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013
Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013
ECHR Article 8-1 Respect for private life Forced administration of therapeutic drugs in mental institution: violation Article 5 Article 5-1-e Persons of unsound mind Forced confinement in a mental institution: violationFacts – The applicant, a paediatrician, was arrested in October 2004 in connection with criminal proceedings that had been brought against her after she allegedly … Continue reading X v Finland: ECHR 3 Jul 2012
Citations: 20084/07 (Communicated Case), [2012] ECHR 1230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Radu v Germany (Legal Summary) ECHR 16-May-2013 ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of … Continue reading Radu v Germany: ECHR 3 Jul 2012
Citations: 49872/11 (Communicated Case), [2012] ECHR 1160 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . .See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: … Continue reading Tymoshenko v Ukraine: ECHR 31 May 2012
Article 5-1-e Persons of unsound mind Order for psychiatric confinement made as a result of finding of unfitness to plead: inadmissible Facts – In December 1997 the applicant was brought before the Crown Court on a charge of unlawful wounding. He claimed he had been acting in self-defence. However, after hearing psychiatric evidence that had … Continue reading Juncal v The United Kingdom (Dec): ECHR 17 Sep 2013
Citations: 32357/09 – Admissibility Decision, [2013] ECHR 1157 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Juncal v The United Kingdom (Dec) ECHR 17-Sep-2013 Article 5-1-e Persons of unsound mind Order for psychiatric confinement made as a result of finding of unfitness to plead: inadmissible Facts – … Continue reading Juncal v The United Kingdom: ECHR 17 Sep 2013
ECHR Article 35-1Six month periodSubmission of an application form signed by proxy by a person unknown: inadmissibleFacts – The applicant, a Burundian national, complained of a refusal by the Netherlands authorities to grant him asylum. The final domestic ruling was sent to him on 24 August 2010. On 23 February 2011 the applicant’s representative sent … Continue reading Ngendakumana v The Netherlands (Dec): ECHR 5 Feb 2013
ECHR Article 35-1Six month periodSubmission of original application form outside eight weeks allowed by Practice Direction on the Institution of Proceedings: inadmissibleFacts – The applicant, an Iraqi national, complained of a refusal by the Netherlands authorities to grant him a residence permit. The final domestic ruling in respect of his first request for such a … Continue reading Abdulrahman v The Netherlands (Dec): ECHR 5 Feb 2013
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 46133/99, [2003] ECHR 397, 48183/99 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Smirnova v Russia: ECHR 24 Jul 2003
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient. Citations: [1989] ECHR 9, 11234/84, 11209/84, 11266/84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Brogan and Others v The United Kingdom ECHR 29-Nov-1988 ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. … Continue reading Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 5-1 as regards the applicantThe applicant complained of violation of his article 5 rights in successive periods of detention. The first period of five weeks was under a broad provision of the criminal code which permitted preventive detention in connection … Continue reading Jecius v Lithuania: ECHR 31 Jul 2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion of domestic remedies) ; Violation of Art. 3 ; Violation of Art. 5-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; No violation of Art. 34 (former Art. 25) ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award … Continue reading Elci And Others v Turkey: ECHR 13 Nov 2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
Five Tamils were refused asylum in the UK and returned to Sri Lanka but then continued to suffer ill-treatment. Their complaints to Strasbourg were rejected under both Articles 3 and 13, but with regard to Article 3, it held: ‘108. The court’s examination of the existence of a risk of ill-treatment in breach of Article … Continue reading Vilvarajah and Others v The United Kingdom: ECHR 30 Oct 1991
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
ECHR Judgment : Preliminary objection dismissed Article 34 – Victim Preliminary objection dismissed Article 35-1 – Exhaustion of domestic … ECHR Judgment : Exhaustion of domestic remedies : Grand Chamber Citations: 8675/15, [2017] ECHR 826, [2020] ECHR 142 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April … Continue reading Nd And Nt v Spain: ECHR 3 Oct 2017
ECHR Judgment : Preliminary objections dismissed Article 35-1 – Exhaustion of domestic remedies Article 35-3-a – Ratione materiae Violation… Citations: 16986/12, [2017] ECHR 825 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607897
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 56360/07, [2017] ECHR 543 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607726
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Citations: 81681/12, [2017] ECHR 553 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607698
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention the Republic of Moldova… Citations: 1203/05, [2017] ECHR 476 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607598
ECHR Judgment : Remainder inadmissible Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies Art. 35-3-a Citations: 73590/14, [2018] ECHR 169 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607387
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
[2012] ECHR 1200 Bailii European Convention on Human Rights Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . Cited by: See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: violation Article 18 Restrictions for … Continue reading Tymoshenko v Ukraine: ECHR 3 Jul 2012
ECHR Judgment : Preliminary objection joined to merits and dismissed Article 35-1 – Exhaustion of domestic remedies Preliminary objection 75947/11, [2017] ECHR 484 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 14 January 2022; Ref: scu.607529
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe … Continue reading Lorse and Others v The Netherlands: ECHR 4 Feb 2003
A person detained as a person of unsound mind should not be kept in a prison, but if the institution concerned is within the appropriate category, there is no breach of Article 5. While measures depriving a person of his liberty often involve an element of suffering or humiliation, it cannot be said that detention … Continue reading Aerts v Belgium: ECHR 30 Jul 1998
ECHR Article 35-1Exhaustion of domestic remediesEffective domestic remedyIn cases concerning non-enforcement of judgments against socially-owned companies, Constitutional Court appeal may under certain conditions be effective domestic remedy requiring exhaustion: admissibleFacts – The applicant complains under Article 6 ss 1 of the European Convention of a failure by the respondent State to enforce final judgments against … Continue reading Markinkovic v Serbia: ECHR 29 Jan 2013
ECHR Article 5-1 Lawful arrest or detention Continued detention without a judicial decision of a juvenile subject to correctional proceedings: violation Article 46 General measures Respondent State required to take legislative measures to stop the practice of detaining juveniles subject to correctional proceedings without a judicial decision Facts – The applicant, a minor at the … Continue reading Grabowski v Poland: ECHR 30 Jun 2015
73560/12 – Chamber Judgment, [2015] ECHR 397 Bailii European Convention on Human Rights Cited by: See Also – Constancia v The Netherlands (Dec) Summary ECHR 3-Mar-2015 ECHR Article 5-1-e Persons of unsound mind Detention as a person of ‘unsound mind’ in the absence of a precise diagnosis of mental state: inadmissible Article 5-1 Lawful arrest … Continue reading Constancia v The Netherlands (Dec): ECHR 3 Mar 2015
ECHR Article 5-1-e Persons of unsound mind Detention as a person of ‘unsound mind’ in the absence of a precise diagnosis of mental state: inadmissible Article 5-1 Lawful arrest or detention Detention and preventive measures in the absence of reasonable suspicion of an offence: violation Facts – The applicant was prosecuted for manslaughter following the … Continue reading Constancia v The Netherlands (Dec) Summary: ECHR 3 Mar 2015
ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention the Republic of Moldova 22200/10, [2017] ECHR 481 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 28 December 2021; Ref: scu.607607
The applicants alleged in particular that their detention at the detention center for illegal immigrants for deportation to the Congo, a country through which they had passed, was in violation of Article 3 and Article 5-1(f) the Convention Jociene P 15297/09 – HEJUD, [2011] ECHR 2420, (2012) 55 EHRR 26 Bailii European Convention on Human … Continue reading Kanagaratnam And Others v Belgium: ECHR 13 Dec 2011
ECHR Article 5-1 Deprivation of liberty Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation Article 5-1-d Educational supervision Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation Article 6 Criminal proceedings Article 6-1 Criminal charge Determination (criminal) Proceedings leading to minor’s placement … Continue reading Blokhin v Russia: ECHR 14 Nov 2013
Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Claim for compensation in administrative courts in respect of conditions of detention: effective remedy: inadmissible Facts – In his application to the European Court, the applicant complained, inter alia, of the conditions of his detention in prison. The Government objected that he had failed to exhaust … Continue reading Ignats v Latvia (Dec): ECHR 24 Sep 2013
ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Length-of-proceedings complaint under Article 6.272 of the Civil Code as interpreted by domestic courts: effective remedy: inadmissible Facts – The applicants were serving or former judges or their lawful heirs. Following a reduction in judges’ salaries by 30% in 1999, the applicants instituted proceedings before … Continue reading Savickas And Others v Lithuania (Dec): ECHR 15 Oct 2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence information. The recall was considered by a panel of commissioners and material was served, … Continue reading Martin Corey, Re for Judicial Review: SC 4 Dec 2013
ECHR Article 5-1-fPrevent unauthorised entry into countryDetention of asylum-seeker for period which, particularly in view of his conditions of detention, was unreasonable: violationFacts – The applicant entered Malta in an irregular manner by boat in April 2011, was arrested by the police and placed in detention. He submitted an application for asylum and challenged his … Continue reading Suso Musa v Malta (Legal Sumary): ECHR 23 Jul 2013
ECHR Article 5-1Deprivation of libertyTransfer and stay at police headquarters of a group of immigrants with a view to identifying and deporting unlawful residents: violationFacts – The applicant, a Syrian national of Kurdish origin, fled Syria in 2005 and made an unsuccessful claim for asylum in Cyprus. His file was reopened by the asylum service … Continue reading MA v Cyprus: ECHR 23 Jul 2013
42337/12 – Chamber Judgment, [2013] ECHR 721 Bailii European Convention on Human Rights Human Rights Citing: Legal Sumary – Suso Musa v Malta (Legal Sumary) ECHR 23-Jul-2013 ECHR Article 5-1-fPrevent unauthorised entry into countryDetention of asylum-seeker for period which, particularly in view of his conditions of detention, was unreasonable: violationFacts – The . . Lists … Continue reading Suso Musa v Malta: ECHR 23 Jul 2013
ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedyNon-exhaustion of a new accessible and effective constitutional remedy: inadmissible 10755/13 – Legal Summary, [2013] ECHR 643, 10755/13 – Second Section (French Text), [2013] ECHR 642 Bailii, Bailii European Convention on Human Rights, European Convention on Human Rights Human Rights Human Rights Updated: 15 November 2021; … Continue reading Hasan Uzun v Turkey (Dec): ECHR 30 Apr 2013
ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of homicide and sentenced to eight and a half years’ imprisonment and placement in a psychiatric hospital on grounds of diminished responsibility. In making the order for the applicant’s placement, the … Continue reading Radu v Germany (Legal Summary): ECHR 16 May 2013
ECHR Article 35-1Exhaustion of domestic remediesEffective domestic remedyFailure to seek compensation in the domestic courts or through the Chancellor of Justice for a Convention violation: inadmissibleFacts – In his application to the European Court the applicant complained under Article 6-1 of the Convention of procedural unfairness in proceedings before the administrative courts for a life … Continue reading Ruminski v Sweden (Dec): ECHR 21 May 2013
ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In January 2006 the police requested a clinic to carry out a psychiatric examination of the applicant following complaints they had received from neighbours about her behaviour. Seven months later, relying … Continue reading Petukhova v Russia (Legal Summary): ECHR 2 May 2013
ECHR Article 35-1Exhaustion of domestic remediesEstablishment in accordance with Court pilot judgment of domestic remedy affording compensation in length-of-proceedings cases and requiring exhaustion: inadmissibleFacts – Various sets of criminal proceedings have been brought against the applicants since 1999. They complained of the length of the proceedings and of the lack of a domestic legal remedy … Continue reading Turgut And Others v Turkey (Dec): ECHR 26 Mar 2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: violation Article 18 Restrictions for unauthorised purposesDeprivation of opposition leader’s liberty for reasons other than bringing him before a competent legal authority on reasonable suspicion of having committed an offence: violation Facts – The applicant was the leader of … Continue reading Tymoshenko v Ukraine (Legal Summary): ECHR 30 Apr 2013
ECHR Article 3Degrading treatmentInhuman treatmentContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleArticle 5Article 5-1Deprivation of libertyArticle 5-1-aAfter convictionContinued enforcement in United Kingdom pursuant to prisoner transfer agreement of lengthy sentence imposed by Thai courts: inadmissibleFacts – Both applicants were detained in prisons in the United … Continue reading Willcox and Hurford v The United Kingdom: ECHR 8 Jan 2013
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away were detained. Held: The detention was short, and was justified by the need for speed. The … Continue reading Regina v Secretary of State for the Home Department Ex parte Saadi and others: HL 31 Oct 2002
georgia_russiaECHR1407 ECHR Grand Chamber – Article 4 of Protocol No. 4 Prohibition of collective expulsion of aliens Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in breach Article 33 Inter-state case Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007 Article 35 … Continue reading Georgia v Russia (No 1): ECHR 3 Jul 2014
(Grand Chamber) The effect of the change was to alter the range for the defendant Maktouf (an accomplice) from 1-15 to 5-20 years. For the defendant Damjanovich (a principal) the range was altered from 5-15 to 10-20. Maktouf was expressly sentenced to the new minimum of five years, but the court could not go below … Continue reading Maktouf and Damjanovic v Bosnia And Herzegovina: ECHR 18 Jul 2013
Article 5-1-b Non-compliance with court order Deprivation of liberty to enforce fine that had already been paid: violation Facts – In 2000 the applicant was convicted of a minor offence and ordered to pay a fine within fifteen days of the judgment becoming final. He was informed that if he did not pay in time … Continue reading Velinov v ‘The Former Yugoslav Republic Of Macedonia’: ECHR 19 Sep 2013
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ECHR Execution during several years of prison service imposed by a court ‘not established by law’: violation
Facts – In 2001 the applicant was arrested on suspicion of murder. His case was sent to the . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
gough_uk201410 The applicant alleged that his repeated arrest, prosecution, conviction and imprisonment for being naked in public and his treatment in detention violated his rights under Articles 3, 5-1, 7-1, 8, 9 and 10 of the Convention. Held: The application was dismissed. Going naked in public was the applicant’s chosen method of expressing himself, and … Continue reading Gough v The United Kingdom: ECHR 28 Oct 2014
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
ECHR Judgment : Preliminary objection dismissed Article 35-1 – Final domestic decision No violation of Article 10 – Freedom of expression Citations: 931/13, [2017] ECHR 607 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607699
ECHR Judgment : Remainder inadmissible Article 35-1 – Exhaustion of domestic remedies Violation of Article 1 of Protocol No. 1 Citations: 20086/13, [2017] ECHR 614 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607668
ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012
Judgment : Violation of Article 5 – Right to liberty and security (Article 5-1 – Deprivation of liberty Lawful arrest or detention Artic . . Citations: 61411/15, [2017] ECHR 293 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581392
Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life (Article 8 – Positive obligation.) – Judgment : Preliminary objection joined to merits and dismissed (Article 35-1 – Exhaustion of domestic remedies) Violation of Article 8 Citations: 66997/13, [2017] ECHR 334 Links: Bailii Statutes: European Convention on Human … Continue reading Aneva and Others v Bulgaria: ECHR 6 Apr 2017
Judgment : No violation of Article 5 – Right to liberty and security (Article 5-1 – Lawful arrest or detention) Violation of Article 5 Citations: 34458/03, [2017] ECHR 263 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581039
The applicant alleged that his detention was contrary to Article 5-1 in that it was held in prison and not in a health care clinic. Relying on Article 5-5, it also complains about not being able to obtain compensation in this regard. Judges: Guido Raimondi, P Citations: 43368/08 – Chamber Judgment, [2015] ECHR 86 Links: … Continue reading Papillo v Switzerland: ECHR 27 Jan 2015
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1-c; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: 25629/94, [1997] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 October 2022; Ref: scu.263137
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award.When assessing conditions of detention, account has to be taken of the cumulative effects of those conditions, as well as the specific allegations … Continue reading Dougoz v Greece: ECHR 6 Mar 2001
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed him from her care. As he had become an adult, … Continue reading G v E and Others: CoP 26 Mar 2010
The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the Swedish Courts. The applicant had been refused a right tp participate in the court proceedings, and … Continue reading Gillberg v Sweden: ECHR 2 Nov 2010
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, his sister sought an order for his return to F, his carer … Continue reading G v E and Others: CA 16 Jul 2010
‘Owing to the absolute character of the right guaranteed, the court does not rule out the possibility that article 3 of the Convention may also apply where the danger emanates from persons or groups of persons who are not public officials. However, it must be shown that the risk is real and that the authorities … Continue reading HLR v France: ECHR 29 Apr 1997
ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Article 35-1 Six month period Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible Facts – Between 2003 and 2005 the applicants obtained final court orders against their former employer, a ‘socially/State-owned’ company, requiring it to pay them salary arrears and social security reimbursements. In 2005 insolvency proceedings … Continue reading Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006
ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 5-1; No violation of Art. 5-4; Not necessary to examine Art. 13; Just satisfaction reserved.The four applicants were arrested and detained under prevention of terrorism legislation on suspicion of being concerned in the commission, preparation or instigation of acts … Continue reading Brogan and Others v The United Kingdom: ECHR 29 Nov 1988
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c with regard to four applicants; Non-pecuniary damage – financial award (with regard to one applicant); Non-pecuniary damage – finding of violation sufficient (with regard to four … Continue reading Beet And Others v The United Kingdom: ECHR 1 Mar 2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-4; Violation of Art. 5-5; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The claimant was a prisoner serving a life sentence. He complained that the delays in considering the move towards his being detained in more open conditions, and the … Continue reading Blackstock v The United Kingdom: ECHR 21 Jun 2005
Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines. Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect without having had an appropriate opportunity to respond. Legal aid had not been available for the proceedings … Continue reading Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged ill-treatment; Violation of Art. 3 with regard to lack of effective investigation; No violation of Art. 3 with regard to conditions of transfer; Violation of Art. 5-3; Violation of Art. 5-1; Violation of Art. 8; Not necessary to examine Art. … Continue reading Labita v Italy: ECHR 6 Apr 2000
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996
ECHR No violation of Art. 5-1; No violation of Art. 6-1; No violation of Art. 6-3-c; No violation of Art. 14+5; No violation of Art. 14+6The applicants had unsuccessfully sought leave to appeal against conviction and sentence. The Court of Appeal dismissed their applications at a hearing at which, in accordance with the normal procedure, … Continue reading Monnell And Morris v The United Kingdom: ECHR 2 Mar 1987
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
(Third Chamber) The freedom of association under Article 11 of the ECHR did not include a right for a union to require ‘that an employer enter into or remain in any collective bargaining arrangement’.‘The Court recalls that, while Article 11 paragraph 1 includes trade union freedom as a specific aspect of freedom of association, this … Continue reading Unison v United Kingdom: ECHR 2002
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
ECHR Judgment : Preliminary objection joined to merits and dismissed Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic reme… Citations: 53240/14, [2017] ECHR 1133 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608193
ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 70840/10, [2017] ECHR 832 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608012
ECHR Judgment : Remainder inadmissible Article 35-1 – Six-month period Violation of Article 2 – Right to life Article 2-1 – Effective inve… Citations: 21194/09, [2017] ECHR 860 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607960
