8.  The applicant was born in 1949 and lives in Budapest. 9.  Criminal proceedings were instituted against the applicant on a charge of misappropriation. On 23 May 2001 the National Police Department ordered his 72-hour arrest. In the ensuing proceedings he was assisted by defence counsel of his choice. 10.  On 24 May 2001 the Budapest Regional Public Prosecutor’s Office dismissed the applicant’s complaint concerning his arrest and lodged with the Pest Central District Court a motion for the applicant’s detention on remand. On 25 May 2001 the District Court heard the applicant and, as confirmed by the Budapest Regional Court on 1 June 2001, ordered his detention on remand until 25 June 2001. The District Court held that there was a risk of collusion by the applicant. 11.  On 19 June 2001 the District Court, as confirmed by the Regional Court on 3 July 2001, prolonged the applicant’s detention until 25 August 2001. On 7 August and 16 October 2001 the Regional Court, as confirmed by an appeal panel of the same court on 27 August and 12 November 2001, prolonged his detention on remand until 25 October and 25 December 2001, respectively. In these proceedings the courts reached their decisions with reference to motions submitted by the Public Prosecutor’s Office, all of which were based on the risk of collusion. Neither the applicant nor his defence counsel had been notified of these motions before the decisions were taken. In its decision of 12 November 2001 the Regional Court pointed out that notification was not prescribed by the Code of Criminal Procedure and was a matter for the public prosecutor in the exercise of his discretion. The Regional Court was satisfied that this practice was in accordance with the principle of ‘equality of arms’. 12.  On 27 November 2001 the applicant’s lawyer filed a request for release. This motion did not reach the Supreme Court, which by that stage was responsible for deciding on the applicant’s detention.
On 18 December 2001 the Supreme Court decided in camera to prolong the applicant’s detention until 25 April 2002. The Supreme Court held that – given the seriousness of the charges against him – there was a risk that the applicant would abscond. 13.  On 1 March 2002 the Public Prosecutor’s Office ordered the applicant’s release.