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Case law

Oreb v. Croatia

October 2013 - European Court of Human Rights

Pre-trial detention

A suspect was arrested and detained on suspicion of drug trafficking. His detention was extended for a period totalling two years. The courts extended his detention on the basis of the risk of reoffending, with reliance several times being placed upon the fact that he had been ‘convicted’ of analogous offences, when in fact he had been the subject of parallel criminal proceedings which only toward the end of the detention period became final convictions. In this regard, the ECtHR found violations of Article 5(3) ECHR, in that mere allegations cannot be referred to as proof of a propensity to reoffend, and of Article 6(2), in that the reliance on parallel proceedings implied that the allegations in those other proceedings were wellfounded even before any final determination had been reached, thereby infringing the presumption of innocence.

You can read the full judgment here.

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