In today’s Grand Chamber judgment in the case of Del Río Prada v. Spain (application no. 42750/09), which is final 1 , the European Court of Human Rights held:

by fifteen votes to two, that there had been a violation of Article 7 (no punishment without law) of the European Convention on Human Rights;
unanimously, that since 3 July 2008 the applicant’s detention had not been lawful, in violation of Article 5 § 1 of the Convention; and by sixteen votes to one, that the respondent State was to ensure that the applicant was released at the earliest possible date.

The case concerned the postponement of the final release of a person convicted of terrorist
offences, on the basis of a new approach – known as the “Parot doctrine” – adopted by the Supreme
Court after she had been sentenced.