THIRD SECTION
Application no. 59064/11
Adrian DRAGOMIR
against Romania
lodged on 12 September 2011
STATEMENT OF FACTS
THE FACTS
The applicant, Mr Adrian Dragomir, is a Romanian national, who was born in 1989 and lives in Bucharest. He is represented before the Court by Ms E. R. Iancu, a lawyer practising in Bucharest.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 25 November 2010 criminal proceedings were initiated against the applicant and eight other co‑accused in respect of fraud, forgery, use of forged documents, and money laundering offences.
On 26 November 2010 the prosecutor’s office attached to the Bucharest County Court decided to place the applicant in pre-trial detention. An arrest warrant was issued against the applicant and the prosecutor’s order was confirmed by the court.
His pre-trial detention was extended on successive occasions by court order.
On 8 April 2011 the applicant lodged an application with the court asking for the revocation of his detention. By an interlocutory judgment of 12 April 2011, the Bucharest County Court dismissed the applicant’s request. However, it replaced the applicant’s detention with an obligation not to leave the city considering that the impact of the applicant’ deeds on public order had diminished with the passage of time. It ordered the release of the applicant from detention.
The prosecutor did not appeal the interlocutory judgment. Despite the fact that the judgment became final on 13 April 2011, the applicant was released from Bucharest Prison only two days later, namely on 15 April 2011.
The criminal case is currently pending before the domestic courts.
COMPLAINT
The applicant complains under Article 5 § 1 of the Convention that he was unlawfully detained for the period between 13 April and 15 April 2003 despite his release being ordered by a court on 13 April 2011.
QUESTION TO THE PARTIES
Was the applicant deprived of his liberty after 13 April 2011 in breach of Article 5 § 1 of the Convention?
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