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Art 34 • Locus standi • Existence of exceptional circumstances allowing applicants to lodge the application in the name and on behalf of their son without written authority • Cumulative effect of their son's serious mental health issues and his detention and confinement entailed a vulnerability rendering him unable to lodge a complaint with the Court • Risk of deprivation of effective protection of his rights if applicants not allowed to lodge application in his stead
Art 3 (substantive) • Inhuman and degrading treatment • Prolonged solitary confinement of applicants' son, without objective assessment of its necessity and procedural safeguards guaranteeing the measure's proportionality and his welfare • Suffering of applicants in case-circumstances not of a dimension and character distinct from emotional distress inevitably caused to relatives
Art 5 § 3 • Failure to bring applicants' son promptly before a judge or another officer authorised by law to exercise judicial power after arrest
Art 5 § 4 • Review of lawfulness of detention • Insufficient information for Court to draw conclusions about practical possibility of applicants' son appealing initial detention decision • No indication appeal not a remedy satisfying Art 5 § 4 requirements
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
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