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Henaf v France , (Application No. 65436/01), 27 November 2003

Facts: the applicant was a French national of 75 years old who was serving his time in prison. He had to undergo a surgery so he was transferred to the hospital but was handcuffed and chained by the ankle during all his stay at the hospital.

Complaint: the applicant claimed that the conditions of his stay at the hospital constituted inhuman conditions which amounted to ill-treatment, assault and torture, in violation of Article 3 of the Convention.

Holding: the French authorities' treatment of the applicant vviolated Article 3 of the Convention

Reasoning: the applicant did not pose such a danger as to justify the conditions of his hospitalization, namely attaching him to his hospital bed and keeping police officers out of the room.

 

 

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