GELAUDE v. BELGIUM - 43733/09 - Chamber Judgment (French Text) [2014] ECHR 16 (09 January 2014)

GELAUDE v. BELGIUM - 43733/09 - Chamber Judgment (French Text) [2014] ECHR 16 (09 January 2014)

The applicant's continued detention in the psychiatric wing of an ordinary prison, recognized by authorities as a temporary and inadequate solution due to the lack of appropriate high-security psychiatric facilities, broke the required link between the purpose of detention and its conditions, violating Article 5 §...

Source-derived case information.

Citation
[2014] ECHR 16
Parties
Applicant: Davy Gelaude; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Final Judgment
Outcome
Violation of Article 5 § 1 and Article 5 § 4 of the Convention found; just satisfaction awarded.
Legal Topics
Detention of Mentally Ill Offenders, Right to Liberty and Security, Right to Effective Remedy, Conditions of Detention, Article 5 ECHR
Human Rights Law Criminal Law Mental Health Law Detention of Mentally Ill Offenders Right to Liberty and Security Right to Effective Remedy Conditions of Detention Article 5 ECHR

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Parties

Davy Gelaude

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Final Judgment

  1. 1 Whether the applicant's continued detention in a psychiatric wing of an ordinary prison violated Article 5 § 1 of the Convention
  2. 2 Whether the applicant had access to an effective remedy to challenge the appropriateness of his detention under Article 5 § 4

Ratio Decidendi

The applicant's continued detention in the psychiatric wing of an ordinary prison, recognized by authorities as a temporary and inadequate solution due to the lack of appropriate high-security psychiatric facilities, broke the required link between the purpose of detention and its conditions, violating Article 5 § 1. Furthermore, the applicant lacked access to an effective remedy to challenge the appropriateness of his detention, as the competent bodies could not provide adequate review or redress, violating Article 5 § 4.

Court Disposition

Violation of Article 5 § 1 and Article 5 § 4 of the Convention found; just satisfaction awarded.

Orders

  • Belgium must pay the applicant 15,000 EUR in respect of non-pecuniary damage within three months of the judgment becoming final, plus any tax due.
  • From the expiry of that period until payment, simple interest at the marginal lending rate of the European Central Bank plus three percentage points is to be applied.