Preventive detention as a “penalty” in the case of Ilnseher v. Germany

By Emilie Rebsomen, Méryl Recotillet and Caroline Teuma (Aix-Marseille University) 

The internment of mentally ill offenders has a long history. The first safety measures were envisaged in the writings of the criminologists of the 18th and 19th century. Since then, various and varied security and safety measures have been introduced, security internment being one of them.

Faced with criminal policies increasingly oriented towards control, prevention or even precaution, security internment for an indefinite period as in the case of Ilnseher v. Germany threatens to spread even further. This is explained by an increasing social demand for justice and psychiatry. In the case Ilnseher v. Germany, a Chamber of the European Court of Human Rights (reaffirmed its position, developed in the Bergmann case, concerning the retrospective preventive detention of convicted murderer placed in a centre for psychiatric treatment. On 29 May 2017, the Grand Chamber Panel accepted Mr Ilsneher’s request that the case be referred to the Grand Chamber. The hearing will take place on 29 November 2017. In this framework, the European Prison Litigation Network was invited by the President of the Grand Chamber to intervene as a third party in this case. Thanks to our partnership with the European Prison Litigation Network, our law clinic Aix Global Justice, had the opportunity to participate in this intervention.[1]

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