Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage – finding of violation sufficient; Costs and expenses (domestic proceedings) – claim rejected
‘In the present case, the Court cannot speculate as to whether the applicant would have been detained if the procedural guarantees of Article 5 ss 4 of the Convention had been respected in his case. Consequently, the Court considers that the non-pecuniary damage claimed is adequately compensated by the finding of a violation of this provision.’
24244/94,  ECHR 518,  ECHR 523
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
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.
Updated: 06 June 2022; Ref: scu.174092