H.W. v. Germany - 17167/11 - Legal Summary [2013] ECHR 959 (19 September 2013)

H.W. v. Germany - 17167/11 - Legal Summary [2013] ECHR 959 (19 September 2013)

The applicant's continued preventive detention was unlawful due to the failure to comply with the statutory time-limit for review and the absence of a fresh external medical expert assessment, breaking the required causal connection between the original conviction and continued detention under Article 5 § 1(a) ECHR.

Citation
[2013] ECHR 959
Parties
Applicant: H. W.; Respondent: Germany
Jurisdiction
European Union
Judgment Date
19 September 2013
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation of Article 5 § 1 ECHR found unanimously
Legal Topics
Preventive Detention, Article 5 ECHR, Lawful Detention, Psychiatric Assessment, Statutory Time Limits
Human Rights Law Criminal Law Preventive Detention Article 5 ECHR Lawful Detention Psychiatric Assessment Statutory Time Limits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

H. W.

Applicant

Germany

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the applicant's continued preventive detention after expiry of the statutory time-limit violated Article 5 § 1 of the Convention
  2. 2 Whether the failure to obtain fresh psychiatric reports before ordering continued preventive detention violated Article 5 § 1

Ratio Decidendi

The applicant's continued preventive detention was unlawful due to the failure to comply with the statutory time-limit for review and the absence of a fresh external medical expert assessment, breaking the required causal connection between the original conviction and continued detention under Article 5 § 1(a) ECHR.

Court Disposition

violation of Article 5 § 1 ECHR found unanimously

Orders

  • Germany to pay EUR 5,000 in respect of non-pecuniary damage to the applicant