Suitability for detention
The medical needs of detainees are sometimes entirely incompatible with the available detention facilities. In such cases, a detainee is considered medically unsuitable for detention. Detention or further continuation of detention without adequate medical care is regarded as inhuman under Article 3 of the European Convention on Human Rights (ECHR). A claim of unfitness for detention can be raised in criminal proceedings, clemency procedures, civil summary proceedings, and penitentiary appeal proceedings. It is unclear whether the same framework is applied in each of these contexts. It is also unknown what practical consequences unsuitability for detention does or should have. This study describes and analyzes Dutch legal practice and examines it in light of Article 3 ECHR.