CEDH · CASELAW;CLIN;ENG — 15 décembre 1998

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 1 November-December 1998 N.C. v. Italy (dec.) - 24952/94 Decision 15.12.1998 [Section II] Article 5 Article 5-5 Compensation Absence of right to compensation for unlawful detention on remand: admissible Article 5-3 Release pending trial Absence of grounds for detention on remand: admissible The applicant, an engineer, was working as an adviser and representative for company X. Preliminary investigations were initiated against him on suspicion of abuse of power and corruption; he had commissioned the head of urban planning of the local authority as chief engineer for the building of a road and as co-director of works for the construction of a district detention centre. A warrant of arrest was issued on the ground that there was a serious risk that he would commit similar offences since he still held the same position in company X and the works were still pending. The applicant was arrested on 3   November 1993 and detained on remand. On 30 November he requested his release, invoking the fact that he had resigned from his position in company X. The application was refused on 3   December, but on appeal the District Court found that there were no longer grounds for detaining him and accordingly ordered his release. The applicant’s detention had lasted 47   days. He maintains that there were no grounds for his detention. Moreover, under Italian law he had no possibility of claiming compensation. Admissible under Article 5 §§ 3 and 5.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes