Legal Analysis: Arbitrary Detention After Completion of Sentence

This article by Florian Baier examines the legal limits imposed by the European Convention on Human Rights (ECHR) on the continued detention of individuals after they have fully served their sentences.

It addresses a serious and recurring issue in criminal law: the situation of persons, often affected by mental illness or addiction, who remain deprived of liberty long after the sentence imposed by the court has been completed.

The article explains how Article 5 of the ECHR protects the right to liberty and sets strict conditions for any deprivation of liberty. It also highlights the importance of maintaining a sufficient causal link between the original conviction and any continued detention.

Drawing on the case law of the European Court of Human Rights and the Swiss Federal Supreme Court, the analysis shows that detention which may appear lawful under national law is not necessarily compatible with the ECHR. Over time, continued detention may become arbitrary if it is no longer sufficiently connected to the original conviction or if it is based on grounds that do not meet the strict requirements of proportionality and legal certainty.

The article is particularly relevant for criminal defense lawyers seeking to challenge detention after the completion of a sentence and to defend the fundamental rights of their clients.

The complete article is available below as a PDF.

Please note that the PDF is written in French.