ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 5-1-e; Violation of Art. 5-4; Violation of Art. 5-5; No separate issue under Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.
The complainant had been subject to detention in a mental hospital. She now complained that there had been a twelve month delay between a decision that she should be released subject to conditions, and the fulfillment of those conditions and her release.
Held: The delay was unreasonable, and since the law provided no means of compensation, a breach had occurred of her article 5.5 rights. It could not be excluded that the applicant would have been released earlier from detention in a psychiatric hospital if the procedures had been in conformity with article 5(4). The delay had been of about 12 months. The award was 6000Eur.
Citations:
517/02, (2006) 42 EHRR 2, Times 28-Jul-2005, [2005] ECHR 411
Links:
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, Health, Damages
Updated: 01 July 2022; Ref: scu.227204