Communicated on 17 January 2018
FIFTH SECTION
Application no. 35328/17
Mihails VIŠŅEVSKIS against Latvia
and two other applications
(see list appended)
lodged on 9 May 2017
SUBJECT MATTER OF the CASE
The applicants, together with other individuals, are currently on trial in criminal proceedings no. 11817004515 on kidnapping-related charges. Mr Višņevskis and Mr Wetzel have been detained since 11 September 2015; Mr Askerov has been detained since 2 November 2015. During their trial, they have lodged numerous requests for release, which have all been dismissed. In particular, the applicants rely on decisions of 10 November 2016, 25 January, 27 March, 29 May and 29 June 2017. Finally, on 27 October 2017 they were released. Mr Višņevskis and Mr Wetzel, therefore, were held in pre-trial detention for 2 years, 1 month, 16 days and Mr Askerov – 1 year, 11 months and 25 days. They consider that their pre‑trial detention was overly lengthy and unjustified.
QUESTIONS
1. Was the length of the applicants’ pre-trial detention in compliance with the “reasonable time” requirement of Article 5 § 3 of the Convention?
2. Did the authorities rely on “relevant and sufficient reasons” for the continued detention of the applicants?
3. Were the proceedings conducted with “due diligence” in the meaning of Article 5 § 3 of the Convention?
APPENDIX
List of applications
35328/17 Višņevskis v. Latvia35592/17 Wetzel v. Latvia35635/17 Askerov v. Latvia
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