LABITA v. ITALY JUDGMENT
32
163. The Court observes that the grounds stated in the relevant decisions
were reasonable, at least initially, though very general, too. The judicial
authorities referred to the prisoners as a whole and made no more than an
abstract mention of the nature of the offence. They did not point to any
factor capable of showing that the risks relied on actually existed and failed
to establish that the applicant, who had no record and whose role in the
mafia-type organisation concerned was said to be minor (the prosecutor
called for a three-year sentence in his case), posed a danger. No account was
taken of the fact that the accusations against the applicant were based on
evidence which, with time, had become weaker rather than stronger.
164. The Court accordingly considers that the grounds stated in the
impugned decisions were not sufficient to justify the applicant's being kept
in detention for two years and seven months.
165. In short, the detention in issue infringed Article 5 § 3 of the
Convention.
III. ALLEGED VIOLATION
CONVENTION
OF
ARTICLE
5
§
1
OF
THE
166. The applicant submitted that he had been held in detention
unlawfully for twelve hours after his acquittal.
167. Article 5 § 1 of the Convention provides:
“1. Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty save in the following cases and in accordance with a procedure
prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful
order of a court or in order to secure the fulfilment of any obligation prescribed by
law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing
him before the competent legal authority on reasonable suspicion of having committed
an offence or when it is reasonably considered necessary to prevent his committing an
offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational
supervision or his lawful detention for the purpose of bringing him before the
competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised
entry into the country or of a person against whom action is being taken with a view to
deportation or extradition.”