Questione giuridica chiave
Whether Y.'s appeal should be partially allowed because the cantonal court failed to examine alleged violations of Article 5 ECHR regarding detention legality and celerity.
Decisione estratta
The cantonal court was competent and had to enter into the detainee's properly argued Article 5 ECHR complaints; its refusal violated Article 111(3) LTF and Article 5(4) ECHR.
Motivazione estratta
A person subject to an institutional therapeutic measure in a closed setting may invoke Article 5 ECHR. If the complaint is defensible, the reviewing court must examine and, if warranted, determine the legality of detention despite release during proceedings.