Published on 19 February 2024
THIRD SECTION
Application no. 46807/21
Simon Pascal MANGOLD
against Switzerland
lodged on 17 September 2021
communicated on 30 January 2024
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s detention for reasons of public safety (Sicherheitshaft) during the period between 20 January 2021 and 18 April 2021 which had been ordered on the basis of provisions from the Code of Criminal Procedure governing pre-trial detention, applied by analogy, pending a court ruling on a request for an extension of the institutional therapeutic measure (stationäre therapeutische Massnahme) imposed on the applicant several years earlier.
QUESTIONS TO THE PARTIES
1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was his detention for reasons of public safety during the period between 20 January 2021 and 18 April 2021 ordered “in accordance with a procedure prescribed by law” (see I.L. v. Switzerland, no. 72939/16, §§ 43-58, 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 (see Nechiporuk and Yonkalo v. Ukraine, no. 42310/04, §§ 228-29, 21 April 2011)?