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BEREGSZASZY v. SWITZERLAND and 4 other applications
Doc ref: 18875/19;30384/19;17715/20;40876/20;42059/20 • ECHR ID: 001-213957
Document date: November 8, 2021
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BEREGSZASZY v. SWITZERLAND and 4 other applications
Doc ref: 18875/19;30384/19;17715/20;40876/20;42059/20 • ECHR ID: 001-213957
Document date: November 8, 2021
Cited paragraphs only
Published on 29 November 2021
THIRD SECTION
Application no. 18875/19 Tibor BEREGSZASZY against Switzerland and 4 other applications (see list appended) communicated on 8 November 2021
SUBJECT MATTER OF THE CASE
These five cases concern the applicants’ detention for reasons of public safety ( Sicherheitshaft ) during various periods between 2018 and 2020 (see table below) which had been ordered on the basis of provisions from the Code of Criminal Procedure governing pre-trial detention, applied by analogy, pending court rulings either on requests for an extension of the institutional therapeutic measure ( stationäre therapeutische Massnahme ) imposed on the applicants several years earlier (nos. 18875/19, 17715/20, 42059/20) and/or on requests for the applicants’ internment ( Verwahrung ) (nos. 30384/19, 17715/20, 40876/20).
COMMON QUESTION
1. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? In particular, was their detention for reasons of public safety during the relevant periods (see table below) ordered “in accordance with a procedure prescribed by law” (see I.L. v. Switzerland , no. 72939/16, 3 December 2019)?
CASE SPECIFIC QUESTION
2. Nos. 30384/19, 42059/20 : Did the applicants have an effective and enforceable right to compensation for their detention in alleged contravention of Article 5 § 1, as required by Article 5 § 5 of the Convention?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
Represented by
Impugned detention period
Total of days of alleged unlawful detention
Detention for reasons of public safety pending a court ruling on a request for:
18875/19
02/04/2019
Tibor BEREGSZASZY
1970Stefan SUTER
05/01/2019 – 19/08/2019
226Extension of institutional therapeutic measure
30384/19
27/05/2019
Rene BALMER
1974Alain JOSET
06/08/2018 – 22/05/2019
289Internment
17715/20
09/04/2020
U.B.
1949Stephan BERNARD
Rafael STUDER
18/01/2018 – 27/03/2020
799Extension of institutional therapeutic measure and subsequently internment
40876/20
11/09/2020
Roy BILL
1970Kathrin GRUBER
02/09/2019 – 18/05/2020
259Internment
42059/20
11/09/2020
Edwin HOFMANN
1967Silvio BUERGI
01/01/2020 – 20/05/2020
140Extension of institutional therapeutic measure
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