MIKOČIŪNAS v. LITHUANIA and 2 other applications

Doc ref: 13394/18;46114/18;46122/18 • ECHR ID: 001-192347

Document date: March 12, 2019

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MIKOČIŪNAS v. LITHUANIA and 2 other applications

Doc ref: 13394/18;46114/18;46122/18 • ECHR ID: 001-192347

Document date: March 12, 2019

Cited paragraphs only

Communicated on 12 March 2019

FOURTH SECTION

Application no. 13394/18

Ronaldas MIKOČIŪNAS v. Lithuania

and 2 other applications ( see list appended )

SUBJECT MATTER OF THE CASE

The applications concern the length of pre-trial detention. All three applicants, accused of drug-trafficking, were arrested on 26 April 2015 and their detention was continually extended. The last decision to extend their pre-trial detention for three months was taken on 30 March 2018. The applicants were found guilty by the Kaunas Regional Court judgment of 5 July 2018 and sentenced to 14, 13 and 7 years of imprisonment respectively. The court took into account the length of proceedings and that the applicants had been detained for a long time and stated that it imposed sentences that were either minimal or close to minimal in accordance with domestic law.

QUESTIONS tO THE PARTIES

1. Was the length of the applicants ’ detention on remand in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention (see Jėčius v. Lithuania , no. 34578/97, § 93, ECHR 2000 ‑ IX; BalčiÅ«nas v. Lithuania , no. 17095/02, §§ 77-80, 20 July 2010, and Lisovskij v. Lithuania no. 36249/14, §§ 65-68, 2 May 2017)?

2. In this context, were the competent domestic authorities ’ actions sufficiently prompt in the conduct of the criminal proceedings against the applicants during the period of their detention on remand (see Labita v. Italy [GC], no. 26772/95, § 153, ECHR 2000 ‑ IV; Arutyunyan v. Russia , no. 48977/09 , § 109, 10 January 2012; Dervishi v. Croatia , no. 67341/10 , §§ 139-144, 25 September 2012; Gábor Nagy v. Hungary (no. 2) , no. 73999/14, §§ 77-79, 11 April 2017; Podeschi v. San Marino , no. 66357/14, §§ 136 and 154, 13 April 2017 ; Lisovskij , cited above, §§ 68, 78 ‑ 80; and Mindadze and Nemsitsveridze v. Georgia , no. 21571/05, § 125, 1 June 2017 )?

APPENDIX LIST OF CASES

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

13394/18

12/03/2019

Ronaldas MIKOČIŪNAS

11/11/1985

Kaunas

L. Belevičius

46114/18

20/09/2018

Edikas MIKUÄŒIAUSKAS

19/03/1971

Kaunas

L. Belevičius

46122/18

20/09/2018

Mindaugas ALIÅ AUSKAS

05/09/1979

Kaunas

L. Belevičius

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