Published on 19 June 2023
SECOND SECTION
Application no. 47227/22
Deividas ČEREŠKA
against Lithuania
lodged on 26 September 2022
communicated on 30 May 2023
SUBJECT MATTER OF THE CASE
The applicant, accused of drug-trafficking, unauthorised possession of firearms, unlawful deprivation of liberty, health impairment and of leadership of an organised criminal group, was arrested on 17 April 2018. His detention was continually extended, on the basis of the authorities’ fears that, among others, the applicant might escape and/or commit new crimes. The last decision to extend his pre-trial detention was taken on 1 June 2022, by a final ruling of the Court of Appeal.
In March 2022 the applicant’s case was transferred to the trial court for the examination on the merits.
On 15 July 2022 the Kaunas Regional Court changed the remand measure and ordered the applicant’s release from detention on bail, together with electronic tagging.
Under Article 5 § 3 of the Convention the applicant complains that his pre-trial detention, which had lasted for four years and three months, had been excessively long and unjustified.
QUESTIONS TO THE PARTIES
1. Was the length of the applicant’s detention on remand in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention (see Balčiūnas v. Lithuania, no. 17095/02, §§ 77-80, 20 July 2010, and Lisovskij v. Lithuania no. 36249/14, §§ 65-68, 2 May 2017)?
2. In this context, did the competent domestic authorities display “special diligence” in the conduct of the criminal proceedings against the applicant during the period of his detention on remand (see Labita v. Italy [GC], no. 26772/95, §§ 152 and 153, ECHR 2000‑IV)?
The parties are requested to inform the Court about any further developments regarding the applicant’s situation.