Published on 11 April 2022

SECOND SECTION

Application no. 18315/18 Roman SIDOROV against the Republic of Moldova lodged on 6 April 2018 communicated on 24 March 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s detention pending trial. His detention was prolonged every thirty days for a period of almost one year. On one occasion the prosecutor in charge of the case applied for a prolongation of the applicant’s remand two days prior to the expiry of his previous detention warrant. The applicant submitted during the proceedings and in his appeal that, according to Article 186 (6) of the Code of Criminal Procedure, the prosecutor’s application for a prolongation must have been lodged not later than five days prior to the expiry of his previous detention warrant. However, he was not successful. He complains before the Court that the prolongation of his detention by the Râșcani District Court on 15 November 2017 was unlawful and contrary to Article 5 § 1 of the Convention.

QUESTION TO THE PARTIES

Was there a violation of Article 5 § 1 of the Convention on account of the fact that the Râșcani District Court extended the applicant’s detention on 15 November 2017 by upholding an application for extension submitted by the prosecutor outside the time-limit prescribed by domestic law ( Ialamov v. the Republic of Moldova [CTE], no. 65324/09, 12 December 2017)?