The applicant was detained in HM Prison, Barlinnie in Glasgow. He complained about the lack of toilet facilities and the small size of the cell, which exacerbated his facial eczema. The court held that the conditions of detention endured by the applicant and their effect on his physical health amounted to degrading treatment and were a violation of the ECHR, art 3. While it was impractical to move him and all the other prisoners enduring similar conditions, the applicant was entitled to have his case for removal considered on an individual basis.
Tags
#freedom-of-person #human-rights #public
Question
Napier v The Scottish Ministers [2005] CSIH 16
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
Napier v The Scottish Ministers [2005] CSIH 16
Answer
The applicant was detained in HM Prison, Barlinnie in Glasgow. He complained about the lack of toilet facilities and the small size of the cell, which exacerbated his facial eczema. The court held that the conditions of detention endured by the applicant and their effect on his physical health amounted to degrading treatment and were a violation of the ECHR, art 3. While it was impractical to move him and all the other prisoners enduring similar conditions, the applicant was entitled to have his case for removal considered on an individual basis.
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Open it Prison conditions have proved one area where attempts to raise an article 3 violation (at the lower end of the spectrum) have been made. In Napier v The Scottish Ministers [2005] CSIH 16, the applicant was detained in HM Prison, Barlinnie in Glasgow. He complained about the lack of toilet facilities and the small size of the cell, which exacerbated his facial eczema. Th
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