Development of the institute of preventive detention in Germany in the light of the judgment of the European Court of Human Rights of December 17th 2009
2013
Abstract
In recent years the legal regulation of Preventive Detention (Sicherungsverwahrung) in Germany has become a subject of international concern, especially in the context of a very fundamental judgment of the European Court of Human Rights of December 17th 2009 (M. v. Germany).
The article first briefly describes historical development of the institute of preventive detention in Germany, then focuses on the main arguments of the decision of the European Court of Human Rights and also discusses the impact of this decision on the further development of the legal regulation of preventive detention in Germany.