Published on 5 June 2023

FIRST SECTION

Application no. 30483/22 Štefan ŽIGA against Slovakia lodged on 10 June 2022 communicated on 15 May 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s pre-trial detention ordered in the context of criminal proceedings against him for aggravated bribery, on the grounds of risk of collusion and reoffending (Article 71 § 1 b) and c) of the Code of Criminal Procedure). The applicant’s detention could last five months at maximum.

The applicant, relying on Article 5 § 1 (c) of the Convention, claims that his detention was unlawful, the domestic courts having failed to give sufficient reasons regarding the risk of collusion and reoffending which constituted the legal basis of his detention under the Code of Criminal Procedure.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was his detention compatible with Article 5 § 1 (c) in terms of being justified and based on a reasonable suspicion (see, among many other authorities, Ibrahimov and Mammadov v. Azerbaijan , nos.63571/16 and 5 others, §§ 113-30, 13 February 2020)?

2. Was the applicant’s pre-trial detention ordered “in accordance with the procedure prescribed by law”, for the purposes of Article 5 § 1 of the Convention?

3. The parties are requested to submit copies of all documents relating to the institution of the criminal proceedings against the applicant and the proceedings concerning his pre-trial detention.