INFORMATION NOTE No. 30 on the case-law of the Court May 2001

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Accordingly, the applicant’s misgivings as to the National Security Court’s lack of independence and impartiality could be regarded as objectively justified. Conclusion: violation (unanimously). <strong>No</strong>t necessary to examine the other complaints (unanimously). Article 41 – The applicant sustained non-pecuniary damage which, assessed as a whole, warranted payment of a sum of FRF 100,000. The Court also awarded a lump sum of FRF 10,000 in respect of costs and expenses which the applicant had claimed without quantifying them or providing documentary evidence. INHUMAN TREATMENT Ill-treatment in detention: violation. AKDENIZ and others - Turkey (Nº 23954/94) Judgment 31.5.2001 [Section II] (See Article 2, above). INHUMAN TREATMENT Mental suffering due to disappearance of relatives: no violation. CYPRUS/CHYPRE - Turkey (Nº 25781/94) Judgment 10.5.2001 [Grand Chamber] (See Appendix I). INHUMAN TREATMENT Mental suffering due to disappearance of relatives: no violation. AKDENIZ and others - Turkey (Nº 23954/94) Judgment 31.5.2001 [Section II]
(See Article 2, above). INHUMAN TREATMENT Failure of social services to remove children from parents known to be neglecting them: violation. Z. and others - United Kingdom (Nº 29392/95) *Judgment 10.5.2001 [Grand Chamber] (See Appendix III). INHUMAN TREATMENT Conditions of detention of detainee suffering from withdrawal symptoms: communicated. McGLINCHEY and others - United Kingdom (N° 50390/99) [Section III] Judith McGlinchey, mother of two of the applicants and daughter of the third one, was convicted of theft and sentenced to four months’ imprisonment. She had a long history of heroin addiction and was asthmatic. On 7 December 1998, at the first health screening on arrival at the prison, the applicant complained of swelling to her left arm, withdrawal symptoms and severe asthma. The following medical report showed that she was complaining of withdrawal and vomiting repeatedly. On 8 December 1998, she was not given the prescribed drug for withdrawal, allegedly as a punishment for having been very loud and demanding during the night. The next day, she refused to clean her cell and was consequently confined to it all day; she declined every meal. She carried on vomiting in the following days. On 14 December 1998, she had a particularly serious bout of vomiting during which she lost consciousness and had to be taken to hospital. A lot of vomit was found on her bed. The following day, she had a cardiac arrest but was resuscitated. However, she died on 3 January 1999. An inquest into her death was held before a jury; the jurors reached an open verdict. Legal aid was granted to the applicants to pursue domestic remedies for compensation. However, in the light of an expert medical report, counsel for the applicants advised them that there was insufficient evidence to establish a causal link between Judith McGlinchey’s death and alleged negligent care in custody. They decided not to pursue their claims in negligence. Communicated under Articles 3, 13 and 35(1) (exhaustion of domestic remedies).
Page 1 and 2: INFORMATION <stron
Page 3 and 4: Total number of applications commun
Page 5 and 6: (See Article 3, below). LIFE Disapp
Page 7 and 8: The Court found it unnecessary to d
Page 9 and 10: and the ninth applicant was not the
Page 11: from head injuries. The applicant l
Page 15 and 16: applicant’s lawyer again appealed
Page 17 and 18: CYPRUS - Turkey (Nº 25781/94) Judg
Page 19 and 20: Facts: The applicant's son and daug
Page 21 and 22: LAWFUL DETENTION Continued detentio
Page 23 and 24: supposed to be lodged. The Supreme
Page 25 and 26: ADVERSARIAL PROCEEDINGS No<
Page 27 and 28: Article 41 - The Court ordered reim
Page 29 and 30: PRIVATE LIFE Footage from municipal
Page 31 and 32: Denial of access to homes of Greek
Page 33 and 34: Judgment 3.5.2001 [Section IV] The
Page 35 and 36: EFFECTIVE REMEDY Effective remedy i
Page 37 and 38: The applicant is a former USSR nati
Page 39 and 40: (See Article 3, above). HINDER EXER
Page 41 and 42: GIAMPETRO - Italy (Nº 37170/97) CI
Page 43: [Section III] In May 1993, the Mini

INFORMATION NOTE No. 30 on the case-law of the Court May 2001

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