Европейский суд по правам человека
14 ноября 2002 года
Facts
The applicant, Mr. Mouisel, was diagnosed with leukemia during his imprisonment. He had to undergo several chemotherapies in this regard. He asserted that during the chemotherapy sessions his feet had been chained up and one of his wrists had been attached to his hospital bed.
Complaint
Mr. Mouisel alleged that the handcuffing during the chemotherapy violated Article 3 of the Convention.
Court's ruling
The Court reiterated that handcuffing does not normally give rise to an issue under Article 3 of the Convention where the measure has been imposed in connection with a lawful detention and does not entail use of force, or public exposure, exceeding what is reasonably considered necessary. In this regard, it is important to consider, for instance, whether there is a danger that the person concerned might abscond or cause injury or damage.
In the instant case, having regard to Mr. Mouisel's health, to the fact that he was being taken to hospital, to the discomfort of undergoing a chemotherapy session and to his physical weakness, the Court considered that the use of handcuffs was disproportionate to the needs of security. The Court also noted that notwithstanding the applicant’s criminal record, there was no previous conduct or other evidence giving serious grounds to fear that there was a significant danger of absconding or resorting to violence. The Court also took into account the continued detention of the applicant regardless of his medical condition and concluded that there had been a violation of Article 3 of the Convention.