Glien v. Germany - 7345/12 - Legal Summary [2013] ECHR 1315 (28 November 2013)
The applicant's preventive detention in a prison wing was not justified under Article 5 § 1 (e) as it was not in a hospital or appropriate institution, and the retrospective extension of his detention constituted a penalty in violation of Article 7 § 1 as it exceeded the maximum duration permitted at the time of the offence.
- Citation
- [2013] ECHR 1315
- Parties
- Applicant: Glien; Respondent: Germany
- Jurisdiction
- European Union
- Judgment Date
- 28 November 2013
- Procedural Posture
- Application / Judgment
- Outcome
- violation of Article 5 § 1 and Article 7 § 1 ECHR (unanimous)
- Legal Topics
- Preventive Detention, Mental Health and Detention, Retroactive Penalties, Article 5 ECHR, Article 7 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
Glien
Applicant
Germany
Respondent
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether the applicant's preventive detention in a prison wing constituted a violation of Article 5 § 1 (e) ECHR regarding detention of persons of unsound mind
- 2 Whether the retrospective extension of preventive detention constituted a penalty in violation of Article 7 § 1 ECHR
Ratio Decidendi
The applicant's preventive detention in a prison wing was not justified under Article 5 § 1 (e) as it was not in a hospital or appropriate institution, and the retrospective extension of his detention constituted a penalty in violation of Article 7 § 1 as it exceeded the maximum duration permitted at the time of the offence.
Court Disposition
violation of Article 5 § 1 and Article 7 § 1 ECHR (unanimous)
Orders
- EUR 3,000 awarded to the applicant for non-pecuniary damage
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