VENKEN AND OTHERS v. BELGIUM - 46130/14 (Judgment : Prohibition of torture : Third Section) French Text [2021] ECHR 286 (06 April 2021)

VENKEN AND OTHERS v. BELGIUM - 46130/14 (Judgment : Prohibition of torture : Third Section) French Text [2021] ECHR 286 (06 April 2021)

The Court found that the internment of the applicants in the psychiatric wings of ordinary prisons for significant periods without appropriate therapeutic care constituted degrading treatment in violation of Article 3. The Court also found that, in the absence of adequate and sufficient compensation or effective...

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Citation
[2021] ECHR 286
Parties
Applicant: Bram Venken; Applicant: Andy Rogiers; Applicant: Marcel Neirynck; Applicant: Patrick Clauws; Applicant: Maurice Van Zandbergen; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment
Outcome
Violation of Article 3; violation of Article 5 §4 and Article 13 (in some cases); partial loss of victim status for applicants who received adequate compensation; others remain victims.
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment, Right to Liberty and Security, Right to an Effective Remedy, Internment of Mentally Ill Offenders, State Liability for Unlawful Detention
Human Rights Law Criminal Law Mental Health Law Prohibition of Torture and Inhuman or Degrading Treatment Right to Liberty and Security Right to an Effective Remedy Internment of Mentally Ill Offenders State Liability for Unlawful Detention

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Parties

Bram Venken

Applicant

Andy Rogiers

Applicant

Marcel Neirynck

Applicant

Patrick Clauws

Applicant

Maurice Van Zandbergen

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment

  1. 1 Whether the internment of applicants in psychiatric wings of ordinary prisons without appropriate therapeutic care violated Article 3 of the Convention
  2. 2 Whether applicants had access to an effective remedy as required by Articles 5 §4 and 13 of the Convention
  3. 3 Whether compensation awarded by domestic courts was adequate and sufficient to remove victim status under Article 34

Ratio Decidendi

The Court found that the internment of the applicants in the psychiatric wings of ordinary prisons for significant periods without appropriate therapeutic care constituted degrading treatment in violation of Article 3. The Court also found that, in the absence of adequate and sufficient compensation or effective remedies, the applicants retained their victim status. The measures taken by Belgian authorities were noted as encouraging but insufficient to resolve the structural problem.

Court Disposition

Violation of Article 3; violation of Article 5 §4 and Article 13 (in some cases); partial loss of victim status for applicants who received adequate compensation; others remain victims.

Orders

  • Belgium to pay just satisfaction to applicants who did not receive adequate compensation domestically.
  • Belgium to continue efforts to resolve the structural problem of internment without appropriate care.