2017 05 02 Lisovski laimėjo bylą EŽTT prieš Lietuvą dėl pernelyg ilgo sulaikymo

Posted: July 11, 2017 in Uncategorized

Europos Žmogaus teisių teisingumo teismas praneša,kad Lisovski laimėjo prieš Lietuvą 2017 05 02 dėl Konvencijos 5 str. pažeidimo, prieštaravo tik vienas teisėjas. Pareiškėjui priteista 4700 eurų žalos atlyginimo.

Kreiptasi buvo dėl pernelyg ilgo sulaikymo termino.

Teismas pažymėjo:

A. Detention on remand and house arrest

45. Article 20 of the Constitution of the Republic of Lithuania reads as follows:

Article 20

“Human liberty shall be inviolable.

No one may be arbitrarily apprehended or detained. No one may be deprived of his liberty otherwise than on the grounds and according to the procedures established by law.

A person apprehended in flagrante delicto must, within forty-eight hours, be brought before a court for the purpose of deciding, in the presence of this person, on the validity of the apprehension. If the court does not adopt a decision to detain the person, the apprehended person shall be released immediately.”

46. Article 119 of the Code of Criminal Procedure (hereinafter – “the CCP”) provides that restrictive measures can be applied in order to ensure that the suspect, the accused or the convicted person participates in the proceedings, to prevent interference with the pre-trial investigation or with the examination of the case before the court, or with the execution of the sentence, and to prevent the commission of further criminal acts.

47. Article 122 § 1 of the CCP permits detention on remand when there is a well-founded belief that the suspect may flee, interfere with the investigation, or commit further criminal acts.

48. Article 122 § 2 of the CCP provides that where there is a reasonable suspicion that a suspect might flee, detention may be ordered after taking into account his or her marital status, permanent place of residence, employment status, state of health, prior convictions, connections abroad, and other relevant circumstances.

49. Article 122 § 7 of the CCP states that detention on remand may be ordered only when more lenient remand measures would be insufficient to achieve the objectives listed in Article 119 of the CCP.

50. Article 127 § 2 of the CCP provides that the maximum length of detention on remand during the pre-trial investigation is nine months, and in particularly complex or large-scale cases, or cases concerning organised criminal groups, eighteen months. The CCP does not prescribe the maximum length of detention after the pre-trial investigation has been completed and the case had been transferred to the first-instance court for examination on the merits.

51. In its ruling of 30 December 2004, the Senate of the Supreme Court of Lithuania held as follows:

“8. When detention on remand is imposed or extended in line with Article 122 § 1 of the CCP, all the circumstances listed in Article 122 § 2 of the CCP must be considered. The seriousness of the crime and the possibility of life imprisonment fall under the notion of “other relevant circumstances” referred to in the latter provision. If such circumstances permit the conclusion that the person may flee … then they warrant the imposition or extension of detention on remand on the grounds provided in [Article 122 § 1 of the CCP].

10. … Grounds to believe that the person can commit further crimes … may be established on the basis of that person’s criminal record, his or her role in committing the crimes [of which he or she is suspected], the fact that he or she is suspected of having committed several crimes or earning a living from criminal activity, as well as on the basis of witness testimonies and other data …

15. Article 127 §§ 1 and 2 of the CCP stipulate the maximum duration of detention at the stage of pre-trial investigation. That duration does not include the time during which the case is being examined by the court …

22. … When detention is extended for more than six months, [the court] must indicate the circumstances which confirm the particular complexity or large scale of the case …

24. The terms “particular complexity of the case” and “large scale”, used in Article 127 § 2 of the CCP are relative (vertinamosios) and usually interrelated. The particular complexity or large scale of the case can arise from a large number of criminal acts, suspects or victims and witnesses … or the need to conduct time‑consuming and complex examinations, or the multitude of procedural actions or case documents, and so forth …”

52. Article 132 § 1 of the CCP provides that house arrest consists of prohibiting the suspect from leaving his or her place of residence during certain hours, visiting public places and contacting certain persons.

B. Conduct of criminal proceedings

53. Articles 243 and 244 § 1 of the CCP provide that the examination of a case could be adjourned in order to rest, to re-summon the parties or participants who have failed to appear, to request new evidence, or for other important reasons.

54. On 13 March 2014 the CCP was amended. A new Article 2421 § 1 establishes a court’s duty to examine a case within the shortest possible time and with as few adjournments as possible. Amended Articles 243 § 2 and 244 § 1 provide that a case can be adjourned for no longer than one month and that that term can be extended once.

C. Sentencing

55. Article 66 §§ 1 and 2 of the Criminal Code provide that when sentencing a person who has been detained on remand, a court must deduct the time spent in detention from the final sentence. One day spent in detention is equivalent to one day of imprisonment.

THE LAW

I. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION

56. The applicant complained about the excessive length of his detention on remand. He relied on Article 5 § 3 of the Convention, which, in its relevant parts, reads:

“Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be … entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.”

http://hudoc.echr.coe.int/eng#{“itemid”:[“001-173263”]}

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