Rehbock v Slovenia, ECHR (2000)

The applicant, Ernst Rehbock, a German national, was born in 1959 and lives in Landshut (Germany).

On 8 September 1995 he was arrested by the Slovenian police in Dolič. The circumstances of the arrest, in the course of which he suffered injuries, were disputed between the parties. A doctor examined Mr Rehbock on 9 September 1995 and diagnosed a double fracture of the jaw and facial contusions. The applicant refused to undergo surgery.

The applicant was accused of dealing with narcotics and smuggling and detained on remand. His request for release of 3 October 1995 was dismissed on 26 October 1995. Another request for release lodged by the applicant on 29 November 1995 was dismissed on 22 December 1995. On 29 April 1996 the Maribor Higher Court upheld the first instance judgment convicting the applicant of drug-related offences and sentencing him to 17 months’ imprisonment.

During his detention in Slovenia, the applicant’s correspondence with the European Commission of Human Rights was monitored. He contended that, during this time, he was also subjected to inhuman and degrading treatment in that, in particular, he had not been provided with adequate medical care.

The applicant complained that the treatment to which he had been subjected during his arrest and subsequent detention in Slovenia had been in violation of Article 3, that he had not been able to take proceedings by which the lawfulness of his detention would be determined speedily as required by Article 5 § 4 and that his right to compensation in this respect as guaranteed by Article 5 § 5 had been breached. He also alleged a violation of Article 8 in that his correspondence with the Commission had been monitored during his detention in Slovenia. 

Citation: Rehbock v Slovenia (App no 29462/95) ECHR 28 November 2000

(from the official press-release prepared by the Registry Office of the  European Court of Human Rights)