Information Note on the Court’s case-law 22

September 2000

Price v. the United Kingdom (dec.) - 33394/96

Decision 12.9.2000 [Section III]

Article 3

Inhuman treatment

Disabled person detained in cell not adapted to her infirmity: admissible

The applicant is a four-limb deficient thalidomide victim and suffers from kidney problems. During civil proceedings concerning recovery of a debt, she refused to answer qu estions put to her as regards her financial position and was consequently committed to prison for seven days for contempt of court. Pursuant to provisions concerning remission, she only had to serve half the sentence. As her case had been heard in the afte rnoon, she could not be transferred to prison and was kept overnight in a cell at a local police station. The cell was not specially adapted for disabled persons and was cold;  she was unable to sleep and a doctor had to be called. He advised the custody o fficer that because of her disability the applicant needed to be in a much warmer cell. However, it was not possible to move her and she was wrapped in blankets instead. The following day, she was transferred to prison, where she was not placed in a normal cell but in the Health Care Centre. The doctor who examined her on her arrival at the prison noted, inter alia , that her bed was too high and the sink was inaccessible and that she would need assistance to go to the toilet. The Prison Governor authorised her transfer to a civilian hospital but this was not carried out. Her lack of fluid intake and her difficulty in going to the toilet resulted in urine retention and she had to be catheterised before her release. She claimed that she suffered health problem s for ten weeks after her release due to the inadequate treatment in detention. She was granted legal aid but her lawyer told her that the prospects of success were limited given the difficulty of proving her allegations. In the light of this advice, the a pplicant’s legal aid certificate was discharged.

Admissible under Article 3.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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