Strasbourg Observers

View posts from: Mentally ill offenders

  • Louise Reyntjens and Ruben Vilain

B.D. v. Belgium: a revisitation of the (in)adequacy of Belgian internment policy

November 22, 2024

By Louise Reyntjens and Ruben Vilain On August 27, in the B.D. v. Belgium judgment, the European Court of Human Rights (ECtHR) once again found the Belgian government at fault for its treatment of interned persons in prisons. Under Belgian law, ‘internment’ is classified as a safety measure aimed at protecting society from ‘dangerous’ individuals, […]

  • Mark Klaassen

Deportation, mental illness and Article 8 ECHR: a discussion of Azzaqui v the Netherlands

August 25, 2023

By Mark Klaassen Mental illness can reduce the weight attached to the nature and seriousness of a crime in the context of balancing interests under Article 8 ECHR in deportation cases. In Azzaqui v the Netherlands, the European Court of Human Rights (the Court) confirmed the Grand Chamber judgment in Savran v Denmark and further […]

  • Guest Blogger

A new chapter on the deportation of ill persons and Article 3 ECHR: the European Court of Human Rights judgment in Savran v. Denmark

October 17, 2019

By Dr. Mark Klaassen, Institute of Immigration Law, Leiden University On 1 October 2019, in the Savran judgment the European Court of Human Rights (hereinafter: ‘the Court’) has applied the Paposhvili-test in cases involving the expulsion of migrants who fear to be the victim of a violation of Article 3 ECHR because a medical treatment […]

  • Guest Blogger

The subscription of Belgium to Strasbourg in detention cases: Rooman v. Belgium & Tekin and Arslan v. Belgium

September 14, 2017

By Rebecca Deruiter – PhD Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University[1] Two rulings convicted the Belgian state for violating Article 3 in the case of Rooman v. Belgium and Article 2 in the case of Tekin and Arslan v. Belgium. Both these cases concern mentally-ill offenders for which the Belgian […]