Published on 6 March 2023

THIRD SECTION

Application no. 18138/20 Ronald HOGEMANN against the Netherlands lodged on 23 April 2020 communicated on 17 February 2023

SUBJECT MATTER OF THE CASE

The applicant’s pre-trial detention, which lasted from 27 June 2019 to 18 December 2019, was based on the existence of a reasonable suspicion of stalking and a risk of reoffending.

At the preparatory hearing held before the Midden-Nederland Regional Court on 8 October 2019, the applicant requested to have his pre-trial detention either lifted or suspended. The Regional Court dismissed this request. The applicant appealed against this decision in so far as it concerned the lifting of his pre-trial detention. On 30 October 2019 the Arnhem ‑ Leeuwarden Court of Appeal dismissed the appeal and the applicant’s renewed request to have his pre-trial detention suspended.

The applicant complains under Article 5 § 3 of the Convention that the decisions of the Regional Court on 8 October 2019 and the Court of Appeal on 30 October 2019 had lacked sufficient reasons.

QUESTIONS TO THE PARTIES

Was the applicant’s pre-trial detention from 8 October 2019 until 18 December 2019 justified under Article 5 § 3 of the Convention? In particular, were the decisions of the Midden-Nederland Regional Court on 8 October 2019 and the Arnhem-Leeuwarden Court of Appeal on 30 October 2019 sufficiently reasoned ( Clooth v. Belgium , 12 December 1991, §§ 36-37 and 40, Series A no. 225, Zohlandt v. the Netherlands , no. 69491/16, §§ 48 ‑ 54, 9 February 2021, and Hasselbaink v. the Netherlands , no. 73329/16, §§ 67-73, 9 February 2021)?