IH v UK 17111/04 [2005] ECHR 934

The claimant was granted a deferred conditional discharge but subsequently not released as no supervising psychiatrist could be found; the House of Lords found that Article 5(4) had been breached as the Tribunal could not revisit their decision (as the law was then understood). The claimant's Article 5(1)(e) complaint was rejected (on the facts, the alternative to conditional discharge was continued detention rather than absolute discharge), as were his complaints under Article 5(4) (no longer a victim as domestic courts had acknowledged breach and afforded appropriate redress) and Article 5(5) (no longer a victim, no absolute right to compensation).

Related judgments

IH v UK 17111/04 [2005] ECHR 934

• R (IH) v SSHD [2003] UKHL 59

• R (IH) v SSHD [2002] EWCA Civ 646.

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