In 2003 the applicant was convicted at first instance on charges of illegal possession of weapons and
handling stolen goods. Subsequently, in 2004, the Court of Appeal acquitted him on the grounds
that, at the time when the offences were committed, he was incapable of understanding the
wrongful nature of his acts and of forming the intent to commit them. Since it considered him
dangerous, the court nevertheless placed him in preventive detention for an initial term of two
years. This measure was extended until 26 October 2016, at which time the Florence District Court,
acting as sentence-execution judge, found that the maximum term set by Law no. 81/2014 had
elapsed and ordered the applicant’s immediate release. This law, which came into force on 1 June
2014, provides that the maximum term for preventive measures involving a restriction of personal
liberty is equal to the maximum term of the sentence applicable in the event of conviction.
Relying on Article 5 §§ 1 and 3 (right to liberty and security) of the Convention, the applicant
complains that he was unlawfully imprisoned as of 28 February 2015, the date that he alleges
corresponded, in his case, to the expiry of the maximum term for preventive detention measures
introduced by Law no. 81/2014. He further complains that he was unable to obtain redress for the
unlawful detention to which he claims he was subjected, despite having brought an action in the
domestic courts on the basis of Article 314 of the Code of Criminal Procedure, which the courts
dismissed.
Violation of Article 5 § 1
Violation of Article 5 § 5
Just satisfaction:
non-pecuniary damage: EUR 8,000
The applicant, Ms L.T., is a Ukrainian national who was born in 1982 and lives in Poltava (Ukraine).
The case concerns criminal proceedings against Ms L.T. which led to a decision to commit her to a
psychiatric facility. In particular, she was accused of assaulting a woman in the street. The courts
convicted her in July 2014 of inflicting bodily harm, but found that she was not responsible for the
offence and ordered her involuntary medical treatment.
Relying on Article 6 §§ 1 and 3 (c) (right to a fair trial/right to legal assistance), Ms L.T. alleges that
the criminal proceedings against her were unfair because she had been excluded from her trial and
denied access to the case file and the State-appointed lawyers who had represented her had been
manifestly passive, with one of them openly supporting the prosecutor’s position. She alleges
moreover that, as a person subject to court-ordered medical treatment, the only possibility for her
to appeal the ruling of the criminal against her had been through her defence counsel, who had
failed to do so.
She also relies on Article 5 (right to liberty and security) and Article 2 of Protocol No. 7 (right of
appeal in criminal matters).
Violation of Article 6 §§ 1 and 3 (c)
Just satisfaction:
non-pecuniary damage: EUR 5,400
costs and expenses: EUR 3,800
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