title: [Is retrospective preventive detention finished? Legal consequences of the verdict of the European Court of Human Rights from 17.12.2009].
abstract: On 17.12.2009 the European Court of Human Rights announced a verdict on the admissibility of retrospective abolition of the 10-year time limit for the first preventive detention for violent criminals after a court process lasting 5.5 years. The Court decreed that this was a breach of the Convention and awarded the internee damages of 50,000 EUR. This verdict, which has initially brought the damages to the person concerned but not freedom, will have substantial effects on the right of preventive detention. This decision is final since 10 May 2010 after the High Court rejected the appeal of the Federal Government. This article presents the verdict of the European Court and discusses the sequelae for the right of preventive detention.
authors.affiliation: Oberlandesgericht Hamm, Hamm, Deutschland. Johannes.Leygraf@olg-hamm.nrw.de
authors.forename: J
authors.initials: J
authors.lastname: Leygraf
mesh_terms: D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D005062:European Union; D006801:Humans; D011329:Prisoners / Q000331:legislation & jurisprudence*; D014754:Violence / Q000331:legislation & jurisprudence* / Q000517:prevention & control*