Brand v The Netherlands: ECHR 11 May 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage – financial award
The court set out a list of cases in which a person can be deprived of liberty without infringement of Article 5
49902/99, [2004] ECHR 196, (2004) 17 BHRC 398
Worldlii, Bailii
Human Rights
Cited by:
CitedSecretary of State for Justice v Walker; Same v James CA 1-Feb-2008
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had . .
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 . .

These lists may be incomplete.
Updated: 25 March 2021; Ref: scu.196848