Information Note on the Court’s case-law No.
July 1997
Giulia Manzoni v. Italy - 19218/91
Judgment 1.7.1997
Article 5
Article 5-1
Lawful arrest or detention
Procedure prescribed by law
Article 5-1-c
Bringing before competent legal authority
Lawfulness of detention: no violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
A.Deprivation of liberty following arrest
Disagreement between parties as to legal classification of detention at home - measure classified as a preventive measure by New Code of Criminal Procedure - although preventive measures are of varying degrees of severity, they all restrict individual liberty to greater or lesser extent.
In instant case public prosecutor's office acted in accordance with legislation in force.
Conclusion: no violation (unanimously).
B.Release following the judgment
No details concerning circumstances of applicant's imprisonment - administrative formalities mentioned by Government could have been carried out more swiftly, but that circumstance not sufficient ground for finding breach of the Convention - some delay in carrying out a decision to release a detainee often inevitable, although must be kept to a minimum.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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