Published on 22 April 2024
FIRST SECTION
Application no. 37057/23
Ivan LANDOLINA
against Italy
lodged on 29 September 2023
communicated on 5 April 2024
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s house arrest from 19 May 2021 to 29 May 2023, despite the domestic courts’ decisions acquitting him by reason of insanity and ordering his placement in a specialised structure (Residence for Execution of Security Measures – “REMS”).
The applicant complains, under Article 5 §§ 1 and 5 of the Convention, of the unlawfulness of his prolonged house arrest and of the absence of an enforceable right to compensation.
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 house arrest during the period between 19 May 2021 and 29 May 2023 ordered “in accordance with a procedure prescribed by law” and justified for the purpose of Article 5 § 1 (e) of the Convention (see Rooman v. Belgium [GC], no. 18052/11, §§ 190-211, 31 January 2019, and Sy v. Italy, no. 11791/20, §§ 111-15, 24 January 2022)?
2. Did the applicant have an effective and enforceable right to compensation for his allegedly unlawful detention, as required by Article 5 § 5 of the Convention (see Sy, cited above, §§ 141-48)?