(1) The conditions of the applicant's detention under s136 in a police cell beyond the 72-hour limit, while waiting for transfer to a medium secure unit, were an affront to human dignity and reached the threshold of degrading treatment for the purposes of Article 3. (2) There was no breach of Article 13 as an appropriate remedy was available in domestic law, notwithstanding the fact that he had been unsuccessful. (3) There was no claim for breach of Article 5. (4) Compensation of €3,000 was awarded.

External links

Bailii

Rosalind English, 'Delay in transferring mental health patient for treatment amounted to "inhumane treatment"' (3/5/12). This article concludes: 'This is a prime example of using Article 3 as a social and economic right, not a basic civil right, and thus extended leaves publicly funded authorities to carry out difficult jobs with threats of litigation looming on all sides. The UK courts recognised this claim for what it was, and dismissed it. Strasbourg should have done the same.'

Mental Health Cop Blog, 'MS v UK' (4/5/12). This article is in favour of the judgment and makes points in relation to (1) place of safety arguments, (2) accessing psychiatric beds, (3) media coverage, and (4) implications

ECtHR, 'Prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights' (Press release ref ECHR 195 (2012), 3/5/12). This is the court's summary of the judgment