The prohibition of inhuman and degrading treatment of prisoners with mental health problems under the ECHR

Abstract

Although not without criticism, the ECtHR (European Court of Inhuman Rights) has attained a high level of credibility at a national level as well as on the individual level. The debates emanating from ECtHR case law, although not being comprehensive in terms of matters of concern, represent many of the real-life situations of persons whose behaviour brings them in contact with the criminal justice system. In spite of the fact that mental disorder is a common problem in all States, conclusive data on the recurrence of psychiatric cases in prisons is scarce, as most States do not present regular data on the cases of mental disorders among their incarceration populace. In order to prevent ill-treatment one is to be aware of the acts and the omissions that can be defined as maltreatment, moreover, the States' obligations to prohibit and prevent such violations. National legal systems many times provide safeguards for providing adequate protection from abuse, as well as procedures through which the victims may seek redress against those who would have committed the ill-treatment. This necessarily implies that the national legal system needs to be adequately structured. Notably, certain jurisdictions will expose lacunae where State authorities may be, potentially, violating Article 3. The belief is that persons with mental disorder are uniformly dangerous. However, this does not create a rule that prisoners should experience a perpetual cycle of coercion and maltreatment. Case law brought before the ECtHR by prisoners with mental health problems, demonstrates challenges in ensuring the appropriate care and treatment to such individuals and how the criminal system endeavors problems, demonstrates challenges in ensuring the appropriate care and treatment to such individuals and how the criminal system endeavors to safeguard the society as a whole. Such matter brings us to the dilemma of whether offenders with mental health dis-order are to be detained in a hospital or whether they ought to be transferred to prison. This leads to the inevitable debate that focuses on control in society versus care. With this in mind, this thesis shall provide a thorough examination of the abuses and ill-treatment that convicts with mental health problems are likely to suffer, and which will give rise to violation of Article 3. Moreover, this study will purport to provide legal and policy recommendations to guarantee that the inhuman rights of prisoners with mental health problems are better safeguarded.