Case of European Court of Human Rights, May 12, 1992 (case Megyeri v. Germany)

• Resolution Date: May 12, 1992

Information Note on the Court’s case-law No.

May 1992

Megyeri v. Germany - 13770/88

Judgment 12.5.1992

Article 5

Article 5-4

Take proceedings

Failure to appoint lawyer to assist applicant in proceedings concerning his possible release from detention in a psychiatric hospital: violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.              ARTICLE 5 § 4 OF THE CONVENTION

Person confined in psychiatric institution on ground of commission of acts constituting criminal offences but for which he was not responsible on account of mental illness should, unless there are special circumstances, receive legal assistance in subsequent proceedings reviewing his detention.

Assistance not revealed to be unnecessary by analysis of background facts and issues or by existence of...