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 absence of any specific work programme for 22 months violated his right to a speedy determination of the lawfulness of his detention.
Held: The decisions about the conditions under which he was held were integral to the process of his eventually being considered for release. The delay was unreasonable. He was awarded 1460 Euros compensation.
Citations:
59512/00, [2005] ECHR 407, [2010] ECHR 1891
Links:
Statutes:
European Convention on Human Rights 5-1
Citing:
Cited – Thynne, Wilson and Gunnell v The United Kingdom ECHR 25-Oct-1990
The applicants, discretionary life prisoners, complained of a violation on the ground that they were not able to have the continued lawfulness of their detention decided by a court at reasonable intervals throughout their imprisonment.
Held: A . .
Cited by:
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 01 July 2022; Ref: scu.227201