Decision of the Court of Cassation, II Criminal Section, No. 51570 of 17 May 2013

The “rule of speciality” ex Article 14.1 of the European Convention on Extradition does not apply to personal preventive measures; therefore, for applying measures of this kind, any supplemental extradition request is needed. As has been noted by the European Court of Human Rights, these kind of measures differ from those that deprive persons of their freedom (Article 5 of the ECHR), only implying restriction to the freedom of movement (Protocol No. 4 to the ECHR). Moreover, in the interpretation of the European Court, it is true that the right to defense must be guaranteed also in the proceedings concerning personal preventive measures (Article 6.3.c of the ECHR); however and provided that the fair trial principle is respected, ways and means for regulating the exercise of this right are at the discretion of contracting parties.