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WD v Belgium
Application no 73548/13, 6 September 2016
 
19.24WD v Belgium Application no 73548/13, 6 September 2016
The lengthy detention of a mentally disordered sex offender without suitable treatment was in breach of the ECHR
Facts: WD was a sex offender suffering from mental disorders who had been detained for nine years in a prison psychiatric wing and had not been provided with suitable treatment, which had had a negative impact on his psychological well-being.
Judgment: the European Court of Human Rights held that Belgium had treated WD incompatibly with Articles 3 and 5(1) ECHR; there had also been breaches of Articles 5(4) and 13 ECHR. The breach of Articles 3 and 5(1) ECHR arose out of a structural problem in Belgian law, such that treatment in prison was often inadequate whereas facilities outside prison were limited and the authorities could not require provision to be made. The court accordingly applied the pilot-judgment procedure and gave the Belgian government two years to remedy the situation. It also ordered Belgium to pay WD €16,000 in respect of non-pecuniary damage.
WD v Belgium
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