(b)     Was the applicants’ pre-trial detention compatible with the requirements of Article   5   §   3 of the Convention?

As to the adjournment of the trial, it noted that the Regional Court had first legitimately assumed that Mr K could soon give evidence at trial in Austria.

;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in

Did he have sufficient time to study the case-file before the trial and did he have sufficient time and facilities to prepare for the hearings of his case before the trial court?

The applicant alleges that the magistrate Z.Ö. who ordered his pre-trial detention was not impartial, arguing that the public prosecutor who requested his pre-trial detention was the husband of the magistrate

stage pursuant to Law no. 3842 and the subsequent use by the trial court of the statements taken in the absence of a lawyer.

  No such incident was recorded in the trial records.        The trial continued on 12 and 22 July 1994.

to silence at his trial.

The applicant’s detention during the trial 33 .     On 27 July 2011 the case file, together with the bill of indictment, was filed with the trial court for consideration. 34 .

The lawyer assigned to represent him by the authorities took part in his trial, but the applicant did not appear.

trial.

THE LENGTH OF HIS PRE-TRIAL DETENTION AND TRIAL WAS EXCESSIVE   Unanimously:   Violation of Article 5 § 3 (right to liberty and security) and Article 6 § 1 (right to a fair hearing) of the European

that the Constitutional Court could have examined the lawfulness of pre-trial detention without considering the evidence in the file.

    On 22 October 2013 the case was sent for trial to the Lankaran District Court, which on 5 November 2013 held a preliminary hearing. 12.

On 15 March 2013 the case was referred to the court for trial.

   Relevant domestic law and practice on jury trials in the Crown Court A. The respective roles of the trial judge and jury 18.    The trial judge is the arbiter of issues of law.

Request for the applicant’s pre-trial detention 16.

During the latter hearing the applicant’s pre-trial detention was extended. 16.

within a reasonable time or to release pending trial.