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LAWFUL ARREST OR DETENTION

Kader Kadem | 10:08 | 1Comments
Publication: A 148 Title: Ciulla v. Italy Application No: 11152/84
Referred by: Commission
Date of reference by Commission: 15-07-1987
Date of Judgment: 22-02-1989
Summary:
Mr. Ciulla was prosecuted between 1982 and 1986 for various drug offences. On 8 May 1984, during separate, but parallel "preventive" proceedings the Milan District Court, having regard to the fact that the applicant might abscond, ordered his arrest and detention pending a decision on an application for a compulsory residence order. When the District Court granted that application on 24 May, his detention immediately ended; the next day, the police took him to the place appointed for his compulsory residence.

The Court found a violation of Article 5-1 of the Convention (the right of liberty and security of person). The Court stated that it did not underestimate the importance of the struggle against organized crime, but it observed that the exhaustive list of exceptions in paragraph 1 of Article 5 had to be interpreted strictly. It also found a violation of Article 5-5 of the Convention (the right to compensation in case of arrest or detention in contravention of Article 5), since the effective enjoyment of that right was not ensured with a sufficient degree of certainty.
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