De Wilde, Ooms and Versyp Cases

Abstract

The individual in international law — Human rights and freedoms — European Convention for Protection of — Article 26 (the domestic remedies rule) — Jurisdiction of the Court to examine submissions of non-exhaustion — Question of estoppel — Questions of availability and sufficiency of a supposed remedy — Significance of the condition of settled legal opinion

Article 4(2) — (prohibition against forced or compulsory labour) — Whether a breach of Article 5(4) in itself removes justification for imposition of such labour upon detained person

Article 5(1)(e) (detention of vagrants) — Meaning of the terms “vagrant” and “lawful” in the context of Article 5(1) — Article 5(3) (right of person deprived of liberty to judicial examination) — Article 5(4) (right of person deprived of liberty to have lawfulness of deprivation decided by a court) — Compliance with Article 5(4) where deprivation is ordered by a court — Meaning of the term “court” in the context of Article 5(4) — Procedural guarantees necessitated by gravity of possible consequences — Administrative nature of magisterial decision — Failure to provide judicial remedy — Requests for release addressed to administrative authorities — Possibility of appeal to Counseil d’Etat in event of unlawful refusal to release — Absence of judicial review of exercise of such discretion outside the ambit of Article 5(4)

Article 7 (“nulla poena sine lege”) — Inapplicability to noncriminal matter

Article 8 (respect for correspondence) — Whether a breach of Article 5(4) in itself removes justification for supervising detained person’s correspondence — Whether otherwise justifiable — Power of appreciation left to Contracting States in determining what is “necessary” for the avoidance of certain contingencies

Article 13 (right of effective remedy before a national tribunal) — Whether necessary to determine the question

Article 50 — Just satisfaction — Damages for unlawful detention — Whether Article 26 is applicable to proceedings in regard to Article 50 — Elements to be taken into consideration by the Court in respect of such proceedings — Absence of damage on the particular facts having regard to the Court’s former findings