Information Note on the Court’s case-law 23

October 2000

Mancini v. Italy (dec.) - 44955/98

Decision 12.10.2000 [Section II]

Article 5

Article 5-1

Lawful arrest or detention

Transfer from place of detention on remand to place of compulsory residence 6 days after being ordered: admissible

Both applicants and two other people were arrested following an armed robbery. The goods that had been stolen were found in a s hop owned by the applicants’ company. The investigating judge placed the applicants under house arrest, from which they were released in December 1996. Suspicion again fell on them after two further armed robberies and they were detained pending trial in D ecember 1997 by order of the investigating judge. They appealed against the order. On 7 January 1998 the division of the relevant court dealing with applications for review of preventive measures ordered their release from pre-trial detention and placed th em under house arrest instead, on the ground that the risk of their committing a similar offence was not high enough to justify their detention. However, they were not transferred from the prison where they were being held to their homes until 13 January 1 998 because no police officers were available.

Admissible under Article 5 § 1 .

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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