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 made by the applicant.
Article 5(1) of the ECHR requires any deprivation of liberty to have a legal basis in domestic law, and that law must be sufficiently precise and accessible in order to avoid all risk of arbitrariness
Citations:
40907/98, ECHR 2001-II, [2001] ECHR 210, [2001] ECHR 213, [2009] ECHR 2248
Links:
Statutes:
European Convention on Human Rights 3
Jurisdiction:
Human Rights
Cited by:
Cited – Lorse and Others v The Netherlands ECHR 4-Feb-2003
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 . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 19 September 2022; Ref: scu.166059