VANDER VELDE AND SOUSSI v. BELGIUM AND THE NETHERLANDS - 49861/12 - Committee Judgment (French Text) [2015] ECHR 117 (03 February 2015)

VANDER VELDE AND SOUSSI v. BELGIUM AND THE NETHERLANDS - 49861/12 - Committee Judgment (French Text) [2015] ECHR 117 (03 February 2015)

Internment of applicants in inappropriate facilities for many years broke the required link between the purpose of detention and its conditions, constituting a violation of Article 5 § 1 of the Convention.

Source-derived case information.

Citation
[2015] ECHR 117
Parties
Applicant: François Vander Velde; Applicant: Farid Soussi; Respondent: Kingdom of Belgium; Respondent: Kingdom of the Netherlands
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Committee Judgment
Outcome
Violation of Article 5 § 1 found; Article 5 § 4 claim rejected; Netherlands claim rejected.
Legal Topics
Detention of Mentally Ill Offenders, Internment Conditions, Right to Liberty, Effective Remedies
Human Rights Law Mental Health Law Criminal Law Detention of Mentally Ill Offenders Internment Conditions Right to Liberty Effective Remedies

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Parties

François Vander Velde

Applicant

Farid Soussi

Applicant

Kingdom of Belgium

Respondent

Kingdom of the Netherlands

Respondent

Procedural Posture

European Court of Human Rights Application / Committee Judgment

  1. 1 Whether detention of applicants in psychiatric wings of ordinary prisons violated Article 5 § 1 of the Convention
  2. 2 Whether applicants had access to effective remedies under Article 5 § 4

Ratio Decidendi

Internment of applicants in inappropriate facilities for many years broke the required link between the purpose of detention and its conditions, constituting a violation of Article 5 § 1 of the Convention.

Court Disposition

Violation of Article 5 § 1 found; Article 5 § 4 claim rejected; Netherlands claim rejected.

Orders

  • Belgium to pay each applicant 15,000 EUR for moral damage within three months, plus any applicable taxes.
  • Interest at the ECB marginal lending facility rate plus three percentage points to accrue after three months until payment.