Communicated on 8 March 2016

FIFTH SECTION

Application no . 30860/15 Jörg KEMPKES against Germany lodged on 18 June 2015

SUBJECT MATTER OF the CASE

The present 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 19 March 2013 some sixteen months after the expiry, on 16 November 2011 , of the two-year time-limit under Article 67e of the Criminal Code for judicial review of whether the applicant ’ s preventive detention was still necessary. Relying on the Court ’ s judgments in the cases of Schönbrod v. Germany (no. 48038/06, 24 November 2011) and H.W. v. Germany (no. 17167/11, 19 September 2013), the applicant claims that the continuation of his preventive detention was unlawful and thus breached his right to liberty in view of the domestic court ’ s failure to comply with that time-limit л

QUESTIONS 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 16 November 2011 and 19 March 2013, in view of the domestic court ’ s failure to comply with the statutory time-limit for periodic review of the necessity of that detention?