The applicant has had mental health problems since 2005. The case concerns her detention in an
ordinary prison environment, despite the fact that a court ordered her medical treatment in a
psychiatric hospital.
She had been involved in two sets of criminal proceedings. She was first convicted in 2018 of fraud,
tax evasion and forgery and sentenced to four years’ imprisonment. While serving her sentence,
another set of proceedings for fraud were instituted against her. It was during those proceedings, in
2021, that the courts ordered her placement in a psychiatric hospital. However, the decision could not
be enforced until the procedure for her release from serving the sentence in the first set of
proceedings was completed, that is in February 2022.
The applicant alleges that her detention in ordinary prison facilities from July 2021 to February 2022
without specialised psychiatric treatment was in breach of Article 3 (prohibition of inhuman or
degrading treatment), Article 5 § 1 (right to liberty and security), and Article 13 (right to an effective
remedy) of the European Convention.
Violation of Article 5 § 1
Just satisfaction:
non-pecuniary damage: 9,000 euros (EUR)
The applicant, Maria del Carmen Baena Salamanca, is a Spanish national who was born in 1962 and
lives in Madrid.
The case concerns an article published by a national newspaper in September 2012 suggesting that
the applicant, who, at the time, was a forensic medical doctor, had not complied with a judicial order
to examine in person a convicted terrorist before issuing a report about him. The applicant maintains
that she never received the order and was unaware of its existence or contents until the newspaper
article appeared.
A claim against the newspaper and the journalist, brought by the applicant, asking for a retraction was
unsuccessful. In 2013 the applicant lodged a criminal complaint against the journalist and a lawyer
alleging that the order and its cover letter, which had been produced as evidence in the retraction
proceedings, had been tampered with. The investigating court declared that the cover letter had been
tampered with, but the proceedings were discontinued as it could not be established that either the
journalist or the lawyer had altered the document, or that they had been aware of the modification.
A further civil claim brought by the applicant against the newspaper for defamation was also
unsuccessful.
Relying on Article 8 (right to respect for private and family life) of the Convention, the applicant
complains that by rejecting her civil claim against the newspaper in the defamation proceedings, the
domestic courts failed to protect her right to reputation.
No violation of Article 8
The applicant, A.V., is an Italian national who was born in 1955 and is imprisoned in Lonay.
On 29 June 2017 the applicant was placed in pre-trial detention for, inter alia, attempted murder. She
was suspected of having fired several bullets at her daughter and of having seriously injured her.
The case concerns the prison authorities’ inspection of the applicant’s correspondence, except for her
correspondence with her lawyer and a number of public institutions.
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