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Online forum | Latest topic on forum: Powers of Tribunal to discharge to lower security

Tam v Slovakia 50213/99 [2004] ECHR 282

(1) Violation of Article 5(1): Detention not in accordance with procedure prescribed by domestic law. (2) Violation of Article 5(4): The review procedure failed to provide adequate guarantees to the applicant; in particular, the court failed to appoint a guardian as required by domestic law, and did not hear the applicant or the doctor treating him with a view to establishing whether the applicant’s deprivation of liberty had been justified.

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