Strassburg: Schweiz erneut verurteilt

Laut Pressemitteilung des EGMR vom 10.04.2008 ist die Schweiz erneut verurteilt worden, diesmal wegen Verletzung von Art. 5 Ziff. 1 lit. c EMRK. Geführt hatte die Strafuntersuchng das Besondere Untersuchungsrichteramt BUR des Kantons Basel-Landschaft. Beim das innerstaatliche Verfahren abschliessenden Entscheid handelt es sich um BGer 1P.412/2000 vom 17.07.2000.

Die Pressemitteilung lautet wie folgt:

Meloni v. Switzerland (no. 61697/00)

The applicant, Raffaele Meloni, is a Swiss national who was born in 1964 and lives in Solonas di Cabras (the Dominican Republic).

The applicant, who was suspected of fraud and forging documents, was placed in pre-trial detention from April 1999 to September 2000. He was subsequently sentenced to six years’ imprisonment and was arrested with a view to serving the remainder of his sentence in February 2005. Relying on Article 5 § 1 (right to liberty and security), the applicant alleged that his pre-trial detention had been unlawful, in that it had been extended without a legal basis.

The Court noted that the applicant’s initial detention had been based on a valid arrest warrant, which was then validly extended until 8 May 2000. It considered, however, that the applicant’s detention from 9 to 12 May 2000 and from 12 May to 19 July 2000 had not been decided “in accordance with a procedure prescribed by law” and held unanimously that there had been a violation of Article 5 § 1. It awarded Mr Meloni EUR 5,000 in respect of non-pecuniary damage and EUR 4,000 for costs and expenses. (The judgment is available only in French.)

Das einstimmig ergangene Urteil ist hier erhältlich.