Application no. 39061/11. Detention of an asylum-seeker with a view to his expulsion notwithstanding his mental health: no violation (Article 5 §§ 1 and 1 (f)). The Court considered that the Belgian authorities had not been informed of the applicant’s mental disorders when the detention decision was taken. The applicant received adequate psychological support during his detention. The Court held that the detention decisions, although couched in general terms, had not prevented adequate judicial review, and that the length of the detention had not been excessive. Conclusion: no violation (five votes to two).
Official summary Full judgmentApplication no. 34238/09. Jury’s guilty verdict comprehensible to the accused: no violation (Article 6, criminal proceedings; Article 6 § 1, fair hearing). The applicant, convicted of the murder of her children, complained of the absence of reasons for the guilty verdict and for the judgment on sentence. The Court held that the elements of the proceedings — the indictment, the questions put to the jury and the judgment on sentence — had enabled the applicant to understand the reasons for her conviction, notwithstanding the divergence of views between the jury and the psychiatric experts. Conclusion: no violation (ten votes to seven).
Official summary Full judgment