Information Note on the Court’s case-law 17

April 2000

Punzelt v. the Czech Republic - 31315/96

Judgment 25.4.2000 [Section III]

Article 5

Article 5-3

Length of pre-trial detention

Detention on remand lasting over 2 years 6 months: violation

Article 6

Criminal proceedings

Article 6-1

Reasonable time

Length of criminal proceedings: no violation

Facts : In December 1992 the applicant, a German national, was detained in the Czech Republic pending extradition to Germany. In April 1993 he was charged by the Czech authorities and subsequently placed in detention on remand. His detention was prolonged on sev eral occasions and his various requests for release, in which he offered bail of up to 15 million korunas (CZK), were rejected. He was convicted in January 1995 but the conviction was quashed by the Court of Cassation in March 1995. In January 1996 the Cit y Court again convicted the applicant and the following July the Court of Cassation confirmed the conviction. The period of detention on remand was deducted from the sentence imposed.

Law : Article 5 § 3 - The detention on remand lasted from April 1993 unti l the applicant's conviction in January 1995, but the Court may also examine the detention after the quashing of the conviction until the second conviction, namely from March 1995 until January 1996. The total period is therefore 2 years, 6 months and 18 d ays. The risk of absconding was a relevant and sufficient reason and it is unnecessary to examine the other grounds relied on. However, the courts did not show the "special diligence" required.

Conclusion : violation (unanimous).

With regard to the repeated refusal to release the applicant on bail, neither this nor the eventual imposition of security of 30 million korunas - given the scale of his financial transactions - infringed his rights. Moreover, if he had been granted bail he would in any event have b een re-detained pending his extradition, any security would have been returned to him and he would not have been extradited until the Czech proceedings had ended.

Conclusion : no violation (unanimous).

Article 6 § 1 - The proceedings lasted from April 1993 until July 1996, a total of 3 years, 3 months and 17 days. The case was not particularly complex, the applicant contributed to the length and there were no substantial periods of inactivity for which the authoriti es could be held responsible.

Conclusion : no violation (unanimous).

Article 41 - The Court awarded the applicant 10,000 German marks (DEM) in respect of non-pecuniary damage. It also made an award in respect of costs.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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