SMITS AND OTHERS v. BELGIUM - 49484/11 - Committee Judgment (French Text) [2015] ECHR 118 (03 February 2015)

SMITS AND OTHERS v. BELGIUM - 49484/11 - Committee Judgment (French Text) [2015] ECHR 118 (03 February 2015)

Detention of applicants in psychiatric wings of ordinary prisons for many years broke the required link between the purpose of detention and its conditions, violating Article 5 § 1. The lack of effective remedies to challenge the appropriateness of their detention violated Article 5 § 4.

Source-derived case information.

Citation
[2015] ECHR 118
Parties
Applicant: Joseph Smits; Applicant: Ludo Krynen; Applicant: Rudy Desmedt; Applicant: Thierry Taelman; Applicant: Etienne Van Den Bossche; Applicant: Luc Cleys; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Detention of Mentally Ill Offenders, Right to Liberty, Effective Remedies, Conditions of Detention
Human Rights Criminal Law Mental Health Law Detention of Mentally Ill Offenders Right to Liberty Effective Remedies Conditions of Detention

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Parties

Joseph Smits

Applicant

Ludo Krynen

Applicant

Rudy Desmedt

Applicant

Thierry Taelman

Applicant

Etienne Van Den Bossche

Applicant

Luc Cleys

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Human Rights Application / Final Judgment

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

Ratio Decidendi

Detention of applicants in psychiatric wings of ordinary prisons for many years broke the required link between the purpose of detention and its conditions, violating Article 5 § 1. The lack of effective remedies to challenge the appropriateness of their detention violated Article 5 § 4.

Court Disposition

violation found

Orders

  • State must pay each applicant 15,000 EUR for moral damage within three months, plus any applicable taxes.
  • Interest at ECB marginal lending rate plus three points applies after three months until payment.