Published on 29 November 2021

THIRD SECTION

Application no. 53526/20 Tarik KARIM against Switzerland lodged on 2 December 2020 communicated on 8 November 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s detention ordered on the basis of Section 61 of the Criminal Code which regulates therapeutic measures for young adults ( Massnahmen für junge Erwachsene ). According to the applicant, the maximum period of four years for this kind of detention ended on 19 November 2018. He alleges that his continued detention since then, including his detention for reasons of public safety ( Sicherheitshaft ) ordered for the period between 27 February and 29 May 2020, did not provide over a legal basis and claims compensation for 536 days of allegedly unlawful detention.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant’s detention during the period between 19 November 2018 and 29 May 2020 ordered “in accordance with a procedure prescribed by law” (see I.L. v. Switzerland , no. 72939/16, 3 December 2019)?

2. Did the applicant have an effective and enforceable right to compensation for his detention in alleged contravention of Article 5 § 1, as required by Article 5 § 5 of the Convention?