8.  The applicant was born in 1972 and lives in Harjumaa. 9.  In April and May 1997 the Tartu Police instituted six criminal investigations relating to several offences of burglary, the forgery of a passport and the unlawful keeping of a firearm. The applicant, one of the suspects, could not be found. On 26 May 1997 the police declared him to be a wanted person. On 7 July 1997 a judge of the Tallinn City Court (Tallinna Linnakohus) authorised the police to take the applicant into custody for two months when he was located. On 27 October 1997 the applicant was caught and taken into custody. On 23 December 1997 the City Court authorised the applicant’s detention until 20 January 1998. However, on 29 December 1997 the City Court granted his request for release on bail. The amount of the bail was set at 42,000 kroons (€ 2,684). 10.  On 12 September 1998 the applicant was taken into police custody on suspicion of having on the same day committed a burglary with three other persons. 11.  The next day the applicant’s arrest was approved by a judge of the Tallinn City Court who authorised the applicant’s detention for 10 days, i.e. until 22 September 1998. The court noted that the applicant had a prior criminal conviction and that he was suspected of having committed a new crime at a time when he had been released on bail in another criminal case (see paragraph 9 above) against him, which was pending before it. 12.  On 22 September 1998 the applicant was formally charged with burglary. On the same day the City Court prolonged his detention until 22 November 1998 on the ground that he had a prior criminal conviction and could re-offend, if released. 13.  In his appeal against the decision the applicant argued that the reasons referred to by the court were inadequate to justify his detention. He had a fixed place of residence and there was no reason to believe that he could commit new offences. Moreover, the reference to his prior conviction was irrelevant, since it was no longer on his criminal record. 14.  On 13 October 1998 the Tallinn Court of Appeal (Tallinna Ringkonnakohus) dismissed the applicant’s appeal. It considered that, although the applicant’s criminal record had been expunged, the fact of his conviction of theft in 1995 was still a factor relevant to his character. It also found it significant that the applicant had allegedly committed a new offence while he had been released on bail in other charges. 15.  On 19 November 1998 the City Court extended the applicant’s detention until 22 January 1999 for reasons identical to those contained in its previous prolongation order of 22 September 1998. 16.  Following the completion of the preliminary investigation on 13 January 1999, the City Court, by a decision of 20 January 1999, committed the applicant for trial and left unchanged the preventive custody measure. It joined to this case another criminal case against the applicant which concerned further acts of burglary, committed in a group of persons, as well as falsification of a document and unlawful possession of a firearm. 17.  At a hearing before the City Court on 19 February 1999 the applicant requested his release from custody, arguing that his health had deteriorated and that he had difficulty eating without proper dentures which had been broken by a police officer at the time of his arrest. His request was refused on the ground of the danger of his re-offending if released.
As one of the co-defendant’s had fallen ill, the City Court adjourned the trial hearing. 18.  At a hearing on 12 April 1999 the City Court refused another request by the applicant for release from custody, referring to the applicant’s prior criminal conviction and his continued criminal activity when he had been released on bail in another criminal case against him. There was thus reason to believe that the applicant would commit further offences if released. The court adjourned the trial hearing due to the ill-health of one of the co-defendants which prevented him from attending. 19.  The applicant’s further requests for release were rejected by the City Court on the same grounds by decisions of 26 May 1999, 22 September 1999, 1 December 1999, 2 February 2000, 30 March 2000 and 31 May 2000. On these dates the trial hearing was adjourned due to the absence of victims, witnesses, defence counsel or co-defendants. 20.  On 4 October 2000 the City Court granted the applicant’s request for release, noting that the applicant had already been in custody for over two years, that he had a fixed place of residence and that the parties had not agreed to sever the charges against the applicant from the rest of the case. 21.  From the end of the year 2000 until the end of year 2003 the trial hearing was adjourned on several occasions for various reasons. 22.  On 22 December 2003, in summary proceedings, the City Court convicted the applicant of burglary, unlawful possession of a firearm and falsification of a document and sentenced him to 2 years, 2 months and 27 days’ imprisonment. The sentence was considered as having been served during the two periods the applicant had spent in pre-trial detention.