Communicated on 11 April 2018

FIFTH SECTION

Application no. 9608/16 Michael Friedrich Martin SCHNEPP against Germany lodged on 15 February 2016

SUBJECT MATTER OF THE CASE

The application concerns the compliance of the applicant ’ s preventive detention with Article 5 § 1 of the Convention. The domestic court of first instance took its decision of 17 November 2015, by which it ordered the applicant ’ s preventive detention to continue, more than five months after the expiry, on 3 June 2015, of the one-year time-limit under Article 67e of the Criminal Code for judicial review of whether the applicant ’ s preventive detention was still necessary. T he applicant claims that the continuation of his preventive detention was unlawful and thus breached his right to liberty in view of the domestic courts ’ failure to comply with the statutory time ‑ limit .

QUESTION tO THE PARTIES

Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, having regard to the Court ’ s case-law (see notably Schönbrod v. Germany , no. 48038/06, 24 November 2011; and H.W. v. Germany , no. 17167/11 , 19 September 2013), was his preventive detention “lawful” and “in accordance with a procedure prescribed by law”, in particular in the period between 4 June 2015 and 17 November 2015, in view of the domestic courts ’ failure to comply with the statutory time-limit for periodic review of the necessity of that detention?