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Ireland / High Court / [2013] IEHC 5

DF (suing by his testamentary guardian and next friend KM) v Garda Commissioner, Minister for Justice, Equality and Defence, Attorney General and Ireland

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
High Court
Type:
Decision
Decision date:
14/01/2013

Key facts of the case:

The plaintiff was a severely autistic 27 year old man who was extremely intellectually disabled and had a very limited ability to communicate. He was arrested by the police in 2010 and taken to the local police station where he was detained for approximately one hour. Legal proceedings were subsequently issued challenging the lawfulness of his arrest and detention, and damages were sought for inhuman and degrading treatment, and for breach of the European Convention on Human Rights and the EU Charter of Fundamental Rights. One of the questions raised by the case was whether damages could be claimed for breach of the EU Charter of Fundamental Rights in respect of this incident.