Communicated on 13 November 2017

FOURTH SECTION

Application no. 34423/14 József István MAZULA against Hungary lodged on 29 April 2014

SUBJECT MATTER OF THE CASE

The application was remanded on charges of larceny on 17 October 2013. The measure was subsequently prolonged until 17 January 2014.

It appears that on 16 January 2014 the detention was prolonged for another two months. However, this decision was initially not served on the applicant; and the three-day time-limit for appeal elapsed without him having the decision.

When he at last enquired with the authorities on 27 January 2014, he was served with a copy on 29 January 2014. The decision was dated 16 January but the postmark showed 28 January as despatch date.

The applicant ’ s complaint about this state of affairs to the Gyula High Court was dismissed on 12 February 2014.

The applicant complains under Article 5 about unlawful detention between 17 and 29 January 2014 and absence of a remedy in this respect.

QUESTIONS tO THE PARTIES

1. Was the applicant ’ s detention between 17 and 29 January 2014 extended “in accordance with a procedure prescribed by law”?

2. Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his detention , as required by Article 5 § 4 of the Convention, given that he alleges that he was not in the possession of the prolongation order during the time-limit for appeal?