Member States or third States, observe fundamental rights, including the rights based on the Geneva Convention and the 1967 Protocol, and on the European Convention of Human Rights, and that the Member

a party, in accordance with Article 617 § 4 of the CCP.

with Article 6 § 2 of the Convention (see, inter alia , Kádár and Others v.

35 §§ 3 (a) and 4 of the Convention.

effectués en dehors des heures de travail sur la base du volontariat et, notamment les stages suivis le week-end, la cour d'appel a violé les articles 1134 du Code civil, L. 212-4 et L. 900-2 du Code

Invoking Article 13 of the Convention, the applicant states that his complaints about conditions of detention and medical treatment concern structural issues and that there were no effective means to remedy

    APPLICATION OF ARTICLE 41 OF THE CONVENTION 39.

The Grand Chamber also rejected the Government’s contention that the complaints should be considered under Article 5 §   4 of the Convention.

    It follows that this part of the application is manifestly ill ‑ founded and must be rejected, in accordance with Article 35 §§ 3 (a) and 4 of the Convention. B.

    The applicant maintained his complaints, arguing that he was now suffering an advanced stage of HIV infection – clinical stage 4.

The court also examined the statements given at an earlier stage (see paragraph 4 in limine above), a copy of B.Đ.’s diary, his medical records, including his prison medical file, and the expert witness

    ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 42.

Secretary of State for the Home Department Ex parte Gunn (unreported, 14 July 2000, Court of Appeal): “... reliance is placed on article 5(4) of the European Convention on Human Rights.

  35 §§   3(a) and 4 of the Convention.

The declining number of the applicant’s CD cells confirms this statement; in particular, the applicant’s HIV status progressed from clinical stage 3 to clinical stage 4. 42.

    The applicant mainly alleged that his negligence proceedings exceeded the reasonable time requirement of Article 6 § 1 of the Convention. 4.

    ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION 24.

The Government argue that the complaint under Article 3 of the Convention is inadmissible as the applicants failed to comply with the six-month rule in Article 35 § 1 of the Convention.

Foighel (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43). Subsequently, Mr J. Cremona and Mr J.