MACEDONIAN CASE L.R. IN FRONT OF EUROPEAN COURT OF HUMAN RIGHTS - WHAT WENT WRONG?

Abstract

The Case L.R. v. Macedonia stands out form the rest of the Macedonian cases in front of the European Court of Human Rights (ECHR), since a nongovernmental organisation lodged an application on behalf of a mental patient. Moreover, ECHR noted that there has been a violation of the Article 3 of the Convention on account of the inappropriate placement of the applicant in the Rehabilitation Institute, where he endured a lack of requisite care provided and he was subject to the inhuman and degrading treatment. In addition, ECHR found one more violation of the Article 3, i.e. the respondent State failed to discharge its procedural obligation regarding the
effective investigation. Having in mind the above, the Paper shall focus on the applicant - a mentally disabled eight-year-old child, as well as on the noted violations of the Convention’s Article 3. Consequently, the Paper shall provide a theoretical and critical overview of this case, as well as to other relevant judgements and documents that address the issue of prohibition of torture.