On October 15th 2009, Mr. Michel Duval was detained pending investigation. On February 3rd 2000, he was handcuffed and shackled during an ultrasound test at the hospital of Laon. Prison guards and police officers were present in the room during the test. On October 1st 2004, he was again handcuffed and shackled for a cardiac test at the hospital of Amiens. On May 14th, 15th, 18th 2005, he was detained under the same security measures for a cardiac test at the hospital of Laon and on June 14th 2005 for an ultrasound test.
On September 28th 2005, handcuffed and shackled, he had a digital rectal exam in front of 2 prison guards in the hospital of Laon. These security measures were taken under an executive order JUSK0440155C of the minister of Justice of November 18th 2004.
On October 15th 2007, the administrative supreme court (conseil d’etat) rejected the motion of the applicant to have the executive order JUSK0440155C annulled.
On April 15th 2008, the applicant submitted his case to the European Court of Human Rights arguing that to be shackled and handcuffed during medical exams in front of police officers and prison guards was a violation of articles 3 and 8 of the Convention. He added that the condition of detention during the transfers to the hospital were in violation of article 3. On September 14th 2009, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.
On May 26th 2011, the Court found a violation of article 3 of the Convention on the ground that the security measures and the presence of guards during the medical exams were a degrading treatment.
The applicant was represented by Me Patrice Spinosi (Paris) who was not available for comments.