Published on 20 February 2023

FOURTH SECTION

Application no. 6108/17 Bela AKARIJAÅ  against Serbia and 2 other applications (see list appended) communicated on 30 January 2023

SUBJECT MATTER OF THE CASE

The applications concern the length and review of the applicants’ pre-trial detention ordered on suspicion of them having committed the crimes of murder and robbery, as well as the reasons for their detention. Following two remittals, the Subotica High Court found the applicants guilty and sentenced the first applicant to 20 years’ imprisonment and second and third applicants to 7 years’ imprisonment each. On 11 December 2018, however, the Court of Appeal varied this judgment in respect of the first and second applicants and sentenced them to 30 and 5 years’ imprisonment respectively. At the same time, the third applicant was acquitted. The applicants’ pre-trial detention had lasted for 3 years and 3 months in all.

The applicants complain under Article 5 of the Convention about the length of their pre-trial detention, as well as the reasoning offered by the domestic courts therefor. The applicants further complain about the national courts’ failure to hear them or their legal counsel in person when their detention was being extended.

QUESTIONS TO THE PARTIES

1. Was the length of the applicants’ pre-trial detention and/or the reasoning offered by the domestic courts therefor in breach of Article 5 § 3 of the Convention (see, for example and mutatis mutandis , Stevan Petrović v. Serbia , nos. 6097/16 and 28999/19, §§ 146-50, 20 April 2021)?

2. Having regard to the Court’s case law (see Stevan Petrović , cited above, §§ 153-57), was the national courts’ alleged failure to hear the applicants or their legal counsel in person, concerning the applicants’ detention as of 20 September 2017, in conformity with Article 5 § 4 of the Convention?

APPENDIX

List of cases

No.

Application no.

Case name

Lodged on

Applicant Date of Birth Place of Residence Nationality

Represented by

1.

6108/17

Akarijaš v. Serbia

30/12/2016

Bela AKARIJAÅ 1981 Subotica Serbian

Viktor JUHAS ĐURIĆ

2.

6127/17

Varga v. Serbia

19/12/2016

Miroslav VARGA 1990 Kljajićevo Serbian

Viktor JUHAS ĐURIĆ

3.

12978/21

Varga and Others v. Serbia

23/02/2021

Miroslav VARGA 1990 Kljajićevo Serbian

Bela AKARIJAÅ 1981 Subotica Serbian

Aleksandar DIMOVIĆ 1983 Subotica Serbian

Viktor JUHAS ĐURIĆ