Published on 3 April 2023

FIFTH SECTION

Application no. 43134/22 Gennady SILONOV against Latvia lodged on 1 September 2022 communicated on 14 March 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s continued pre-trial detention. He was arrested and detained on 9 June 2021 on suspicion of espionage.

On 11 June 2021 the domestic authorities ordered the applicant’s detention pending trial, which was then periodically reviewed by the investigating judge, who ordered his detention to be prolonged by decisions of 17 August, 19 October, 17 December 2021 and 16 February 2022.

On 18 March 2022 the criminal case was transferred to the Riga City Court for adjudication. By decisions of 16 May, 16 August and 9 December 2022 the Riga City Court decided to prolong the applicant’s pre-trial detention.

The applicant alleges that his continued pre-trial detention was not justified and that the judicial decisions lacked sufficient reasoning for its continuation. He relies on Article 5 §§ 1 (c) and 3 of the Convention.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 §§ 1 (c) and 3 of the Convention?

2. Was the length of the applicant’s pre-trial detention in breach of “reasonable time” requirement of Article 5 § 3 of the Convention?

In particular, having regard to the Court’s case law ( Buzadji v. the Republic of Moldova [GC], no. 23755/07, 5 July 2016; Zherebin v. Russia , no. 51445/09, §§ 49-54, 24 March 2016; Urtāns v. Latvia , no. 16858/11, §§ 29, 33-34, 28 October 2014; Perica Oreb v. Croatia , no. 20824/09, §§ 105-109, 115-119, 31 October 2013), did the domestic courts provide “relevant and sufficient” reasons justifying the applicant’s continued pre-trial detention?