Information Note on the Court’s case-law No. 84
March 2006
Van Glabeke v. France - 38287/02
Judgment 7.3.2006 [Section II]
Article 5
Article 5-4
Speediness of review
Applications for immediate release from medical confinement never examined: violation
Facts: The applicant was compulsorily admitted to a psychiatric hospital for nineteen days at the request of a third party. While she was in hospital, first her mother and then an association lodged applications with the relevant authorities for her immediate release. A different authority, namely the public prosecutor’s office, responded to the applications, but took no action. The relevant judge, to whom a lawful application had been made, failed to act.
Law: Article 5(4) – No court had ever ruled on the two applications for immediate release lodged with the President of the tribunal de grande instance on the applicant’s behalf.
Conclusion: violation (unanimously).
Article 41 – The Court awarded the applicant a specified sum for non-pecuniary damage.
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This summary by the Registry does not bind the Court.
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