Cases

Wainwright v United Kingdom

Held

(1) The treatment to which the Applicants had been subjected was negligent and fell short of the level of severity necessary to constitute a breach of Article 3.

(2) However, Article 8 also protects physical and moral integrity. As the searches had not been proportionate to the aim of preventing crime and disorder in the manner in which they had been carried out, there was a violation of Article 8.

(3) The absence of an effective domestic remedy, in particular the absence of a general tort of invasion of privacy, resulted in a breach of Article 13.

(4) The applicants were awarded 3,000 Euros each in damages for the distress caused to them.

Also