CASE OF VAŠČENKOVS v. LATVIA
Violation of Article 5 - Right to liberty and security (Article 5-3 - Reasonableness of pre-trial detention)
Angelika Nußberger;Carlo Ranzoni;Erik Møse;Khanlar Hajiyev;Mārtiņš Mits;Yonko Grozev
5. The applicant was born in 1986. He died on 3 November 2015. Ms N. Zīmele, the applicant’s grandmother, informed the Court of her wish to pursue the proceedings on his behalf. 6. The relevant facts of the case, as submitted by the parties, may be summarised as follows. 7. In July and August 2011 the police opened four criminal investigations into three incidents of theft and an incident of robbery. On 29 August 2011 these investigations were joined. 8. On 12 August 2011 the police arrested the applicant on suspicion of robbery. He was held in custody on this basis until 14 August 2011, when he was placed under arrest on suspicion of theft. 9. On 15 August 2011 the police lodged an application with the Ludza District Court (Ludzas rajona tiesa) for the applicant’s pre-trial detention in relation to the theft investigation. 10. On 16 August 2011 an investigating judge granted the application. With regard to the suspicion of theft, he reasoned as follows: “there are reasons to suspect that [the applicant] has committed the crime under section 175(3) of the Criminal Law (Krimināllikums) [theft] ... These suspicions are confirmed by the evidence gathered in the criminal case.” 11. On 18 August 2011 the applicant appealed against that decision. 12. On 2 September 2011 the Latgale Regional Court (Latgales apgabaltiesa) dismissed the appeal. With regard to the suspicion of theft, the judge stated: “The ... suspicion that [the applicant] has committed the crime ... is confirmed by the information contained in the file.” 13. No appeal lay against the aforementioned decision. 14. On 19 September 2011 the public prosecutor charged the applicant with robbery, theft, involving a minor in theft and petty theft on the basis of the facts as alleged. 15. On 26 September 2011 the applicant familiarised himself with the case material. 16. On 28 September 2011 the prosecutor transferred the case to the Ludza District Court for adjudication. She set out the case against the applicant and detailed the evidence upon which the prosecution intended to rely. 17. On 17 October 2011 the investigating judge decided to keep the applicant in detention. He gave the following reasoning: “the accusation against [the applicant] of the crimes under sections 175(3) [theft], 176(2) [robbery], 180(2) [petty theft] and 172 [involving a minor in theft] of the Criminal Law ... is confirmed by the evidence gathered in the criminal case.” 18. No appeal lay against the aforementioned decision. 19. On 28 December 2011 and 23 April 2012 the applicant’s detention was extended. The judge stated as follows: “[the applicant’s] detention is based on the suspicion that he has committed the crime under section 175(3) of the Criminal Law [theft]... in other criminal proceedings [he] has been declared a suspect in relation to crimes under sections 180(1) [petty theft] and 176(2) [robbery] ... ... There has been no change in the reasons noted in the detention order of 16 August 2011 ... which had been re-examined in [the subsequent decisions]...” 20. On 3 February, 19 June and 6 August 2012, the applicant complained to the Ludza District Court that it had failed to assess his detention in relation to the alleged robbery. 21. On 6 August and 2 November 2012, and on 25 January 2013 the judge decided to continue the applicant’s detention, using largely the same wording as in the previous decisions. In addition, she noted that the twenty-four-month period allowed by section 277(7) of the Criminal Procedure Law (Kriminālprocesa likums) for detention had been observed because the applicant had also been accused of an especially serious offence, robbery, under section 176(2) of the Criminal Law. 22. The aforementioned decisions were not subject to appeal.