Addendum
Chapter 4:
Independence and Impartiality of Judges, Prosecutors and Lawyers
International Law and the Independence of Prosecutors (p. 147): With regard
more particularly to prosecutors in Europe, see also Recommendation Rec(2000)19 of
the Committee of Ministers of the Council of Europe to member States on the role of
public prosecution in the criminal justice system. This recommendation can be found
at http://cm.coe.int/ta/rec/2000/2000r19.htm.
Chapter 8:
International Legal Standards for the Protection of Persons
Deprived of Their Liberty
Personal hygiene, food, health and medical services (pp. 345-348): The
European Court of Human Rights has rendered an important judgment in a case
regarding the continued detention of a prisoner undergoing treatment for cancer. The
Court was of the view that the national authorities had not ensured that the applicant
concerned was given health care enabling him to avoid treatment, contrary to article 3
of the European Convention on Human Rights. His continued detention therefore
constituted a violation of his right to dignity and also caused him suffering in excess of
that inevitably associated with a custodial sentence and treatment for cancer (see Eur.
Court HR, Case of Mouisel v. France, judgment of 14 November 2002, para. 48).
The case of Papon v. France concerned the detention of a man convicted when he was in
his late eighties of aiding and abetting crimes against humanity and sentenced to ten
years’ imprisonment by a French court. In his application to the European Court of
Human Rights, the applicant argued that it was contrary to article 3 of the European
Convention on Human Rights to keep a man of over 90 years of age in prison and that
the conditions of detention in the prison where he was held were not compatible with
extreme old age. The Court rejected the complaint as being manifestly ill-founded (see
Eur. Court HR, Case of Papon v. France, decision on the admissibility of 7 June 2001).
Chapter 12: Some Other Key Rights: Freedom of Thought, Conscience,
Religion, Opinion, Expression, Association and Assembly
Freedom of association and political parties (p. 614 at pp. 620-626): With regard
to the Refah Partisi (Prosperity Party) and Others v. Turkey, an appeal was lodged against the
judgment given by a chamber of the European Court of Human Rights on 31 July
2001. In its judgment of 13 February 2003, the Grand Chamber of the Court
concluded unanimously that article 11 of the European Convention on Human
Rights had not been violated in this case (see Eur. Court HR, Case of Refah Partisi (The
Welfare Party) and Others v. Turkey, judgment of 13 February 2003; the judgment can be
found on the Court’s web site: http://hudoc.echr.coe.int.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
xxxiii