Hudoc Judgment (Just satisfaction) Non-pecuniary damage – financial award; Pecuniary damage – claim rejected; Costs and expenses – claim rejected
For an imprisonment to be lawful, the ‘detention’ must result from, ‘follow and depend upon’ or occur ‘by virtue of’ the ‘conviction.
Judges:
G Wiarda P
Citations:
7906/77, (1991) 13 EHRR 546, [1983] ECHR 7
Links:
Statutes:
European Convention on Human Rights 5
Citing:
Reserved from – Van Droogenbroeck v Belgium ECHR 24-Jun-1982
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to . .
Cited by:
Cited – Secretary 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 . .
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, Damages
Updated: 04 June 2022; Ref: scu.164914
