The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.
JUDGMENT I.L. v. Switzerland 3.12.2019 (no. 72939/16) see here SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]