492 citiri

Deși articolul 3 din Convenție nu poate fi interpretat astfel încât să impună o obligație generală de a elibera, din motive de sănătate, deținuții …

69. Although Article 3 of the Convention cannot be construed as laying down a general obligation to release detainees on health grounds, it nonetheless imposes an obligation on the State to protect the physical well-being of persons deprived of their liberty, for example by providing them with the requisite medical assistance (see Hurtado v. Switzerland, 28 January 1994, § 79, Series A no. 280‑A). A lack of appropriate medical care may amount to treatment contrary to Article 3 (see İlhan v. Turkey [GC], no. 22277/93, § 87, ECHR 2000-VII; Naumenko v. Ukraine, no. 42023/98, § 112, 10 February 2004; and Farbtuhs v. Latvia, no. 4672/02, § 51, 2 December 2004).

Notă MMB:  Dar vezi și CEDO, 2010: „52. In exceptional cases, where the state of a detainee’s health is wholly incompatible with detention, Article 3 may require his or her release under certain conditions (see Papon v. France (no. 1) (dec.), no. 64666/01, ECHR 2001-VI, and Priebke v. Italy (dec.), no. 48799/99, 5 April 2001). However, Article 3 cannot be construed as laying down a general obligation to release detainees on health grounds. It rather imposes an obligation on the State to protect the physical well-being of persons deprived of their liberty. The Court accepts that the medical assistance available in prison hospitals may not always be at the same level as that offered by the best medical institutions for the general public. Nevertheless, as said above, the State must ensure that the health and well-being of detainees are adequately secured (see Kudła, cited above, § 94, ECHR 2000-XI; see also Hurtado v. Switzerland, 28 January 1994, Series A no. 280-A, opinion of the Commission, pp. 15-16, § 79, and Kalashnikov v. Russia, no. 47095/99, §§ 95 and 100, ECHR 2002-VI).” (disponibil aici)


Curtea Europeană a Drepturilor Omului

(Hotărârea din data de 10 decembrie 2013, Murray împotriva Olandei, cererea nr. 10511/10, CE:ECHR:2013:1210JUD001051110, disponibilă aici)

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