Brevi note sulla compatibilità dell’accompagnamento coattivo e del fermo di prevenzione con la Convenzione europea dei diritti umani

This article analyses the relationship between public security and the protection of fundamental right of liberty and security under the European Convention on Human Rights, with particular regard to the Italian accompagnamento coattivo (‘security detention’) recently introduced by DecreeLaw No. 23/2026. Particular attention is devoted to the Grand Chamber judgment S., V. and A. v. Denmark of 2018, in which the European Court of Human Rights recognised the compatibility of short-term preventive detention with Article 5 ECHR, provided that effective safeguards against arbitrariness are ensured, including adequate ex post facto judicial review. Against this background, the article contends that the absence of a specific judicial remedy in the Italian legal system raises serious concerns regarding the effective protection of personal liberty and freedom of assembly under the Convention.