European Court of Human Rights

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Authors: Joseph Dute, Tom Goffin
Cited by: 0

Abstract

The FactsThe case concerns the conditions of the applicant's detention.In 2014 the applicant, a former member of Parliament, was charged with fraud and money laundering and was detained in prison pending trial.During his detention he was held in solitary confinement and was guarded by members of the "Pantera", a special forces unit.According to the applicant, members of that unit failed to forward his requests for medical treatment, insulted and provoked him.This summary is restricted to the issues in relation to the medical assistance in prison. 2The Law Alleged Violation of Article 3 of the Convention and Article 13 Taken in Conjunction with Article 3The applicant complained of insufficient medical treatment while in detention pending trial.He also complained that he had not had an effective remedy in respect of his complaints under Article 3 (prohibition of inhuman or degrading treatment), contrary to Article 13 of the Convention (right to an effective remedy).The general principles concerning medical assistance while in detention have been summarised in Rooman v. Belgium.In particular, Article 3 requires the State to ensure that, given the practical demands of imprisonment, prisoners' health and well-being are adequately secured by, among other things, providing them with the requisite medical assistance.The applicant complained for the first time about pain in his teeth on 21 June 2017.Since then and at least until October 2018 he has not received the dental treatment required by his condition.

Fields of Study & Subjects

Legal Rights and Human Rights European and International Law Studies International Law and Human Rights

Publication details

Journal / source
European Journal of Health Law
Volume
33
Issue
1
Pages
106–121
Publication date
27 January 2026
Language
EN