Published on 19 May 2025
SECOND SECTION
Application no. 32485/24
Darko JANDRIĆ
against Croatia
lodged on 25 October 2024
communicated on 29 April 2025
SUBJECT MATTER OF THE CASE
In December 2021, the national judicial authorities ordered and then periodically extended the applicant’s pre-trial detention in connection with the criminal proceedings instituted against him on charges of having organised a criminal group with the purpose of killing several persons and having, within that group, incited the commission of a grave murder.
One such decision extending the applicant’s pre-trial detention, on the grounds of the risks of flight and reoffending, and for the purpose of regular (neometano) conduct of the proceedings concerning grave offences, was adopted by a three-judge panel of the Zagreb County Court on 14 July 2023, presided by Judge M.Š.S. Relying on the same grounds, another three-judge panel of the Zagreb County Court further extended the applicant’s pre-trial detention by several decisions, including on 19 February 2024. The applicant’s appeal against the latter decision was dismissed on 27 March 2024 by a three-judge panel of the High Criminal Court, one of whose members was Judge M.Š.S. By a decision of 2 July 2024, notified to the applicant’s representative on 10 July 2024, the Constitutional Court dismissed his constitutional complaint against the latter decision.
QUESTION TO THE PARTIES
Did the applicant have at his disposal an effective procedure by which to challenge the lawfulness of his detention, as required by Article 5 § 4 of the Convention? In particular, given the participation of Judge M.Š.S. in the decision, was the High Criminal Court impartial (see J.B. and Others v. Malta, no. 1766/23, § 143, 22 October 2024; Baş v. Turkey, no. 66448/17, §§ 265-268, 3 March 2020; and Indra v. Slovakia, no. 46845/99, §§ 48-55, 1 February 2005)?