European Court of Human Rights
27 November 2003
Facts
The applicant, Mr. Henaf, was an elderly person (75 years old) serving a prison sentence. He required an operation to his throat and was therefore taken to the hospital. The prison administration planned that he would be guarded by two police officers while in hospital and considered that there was no need for Mr. Henaf to be handcuffed permanently during his stay. The applicant was handcuffed but not shackled during the day before the operation. However, during the night a restraint was used on him, a chain was attached from one his ankles to the bed.
Mr. Henaf stated that due to this shackling, every movement was painful, and sleep was impossible. In the morning, he stated that in such circumstances he would prefer to be operated once he had been released from prison and was thus sent back to prison.
Complaint
The applicant complained, on account of his age and state of health, about the conditions of his stay in hospital the day before the operation. He considered that the shackling he had been subjected to amounted to an inhuman treatment, in violation of Article 3 of the Convention.
Court’s ruling
The Court ruled that the shackling of the applicant was disproportionate compared to the security requirements (preventing the applicant from committing suicide or from absconding). The Court took a number of factors into account when reaching this decision, including the applicant’s age, his state of health, the absence of antecedents giving rise to a serious fear of a risk to security. The Court also took into consideration the prison governor’s written instructions which stated that the applicant was to be given normal, and not special, supervision.
The Court concluded that the applicant had been subjected to inhuman treatment, in violation of Article 3 of the Convention.