Bouamar v Belgium: ECHR 29 Feb 1988

Hudoc Violation of Art. 5-1; Violation of Art. 5-4; Just satisfaction reserved; Judgment (Just satisfaction) Struck out of the list (friendly settlement)
A person detained as a juvenile in need of educational supervision should not be detained in a prison where no education is available. The applicant’s successive placements in a remand prison, by way of interim custody measure, amounted to unlawful detention under Article 5-1 and that he had not been able to take any proceedings satisfying the requirements of Article 5


9106/80, [1988] ECHR 1, (1989) 11 EHRR 1


Worldlii, Worldlii, Bailii


Human Rights

Cited by:

CitedMunjaz 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
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 . .
CitedRoberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
See AlsoBouamar v Belgium ECHR 27-Jun-1988
. .
CitedBrown v The Parole Board for Scotland, The Scottish Ministers and Another SC 1-Nov-2017
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children, Education

Updated: 06 October 2022; Ref: scu.165007