Share
Friday, March 8, 2013
Share

Nature of the Case

Petition alleging Jean Mouisel’s rights under Article 3 of the European Convention on Human Rights were violated. In the context of serious illness, Mouisel’s continued detention, and conditions of detention constituted torture or inhuman or degrading treatment or punishment; right to adequate medical treatment; right to conditional release for serious illness; right to be free from excessive hardship due to incarceration; State’s positive obligations to elderly, sick or frail prisoners.

Enforcement of the Decision and Outcomes

Mouisel was awarded €15,000 in damages for the anxiety he experienced as result of his detention.

Significance of the Case

The decision clarified that Article 3 does not create an obligation to release prisoners on grounds of ill health, but it does create an obligation to preserve the physical integrity of prisoners. This obligation includes providing adequate medical care. Where prisons cannot provide an acceptable level of care, States may have an obligation to transfer the prisoner to a facility that can provide proper treatment. The State is responsible for preventing incarcerated persons from suffering hardship inherent in imprisonment. The State’s positive obligations to a detainee may depend upon factors such as age or illness. Finally, the Court sanctions the conditional release of prisoners with incurable diseases requiring regular treatment.