CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 26 mars 2019

.s800EAC49 { font-size:12pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .sE208486F { font-family:Arial; color:#ff0000 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .sB9D5CABB { width:28.35pt; display:inline-block } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s79DE5897 { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; page-break-inside:avoid; page-break-after:avoid } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA20670C4 { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8578A85B { margin-top:0pt; margin-bottom:0pt; text-indent:11.6pt } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .s59DEA84 { margin-top:12pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sBB355983 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s583D00FA { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s64E792FA { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt } .s412ACFE2 { margin-top:0pt; margin-left:36pt; margin-bottom:0pt; text-indent:3pt } .s4B243ECC { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; page-break-inside:avoid; page-break-after:avoid } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .sBAD0D18F { width:1.87pt; display:inline-block } .s8D4F77DC { width:188.45pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }       FOURTH SECTION               CASE OF VELEČKA AND OTHERS v. LITHUANIA   (Applications nos. 56998/16 and 3 others)                 JUDGMENT     STRASBOURG   26   March 2019       FINAL   26/06/2019   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.   In the case of Velečka and Others v. Lithuania, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Jon Fridrik Kjølbro, President,   Paulo Pinto de Albuquerque,   Faris Vehabović,   Egidijus Kūris,   Iulia Antoanella Motoc,   Georges Ravarani,   Marko Bošnjak, judges, and Marialena Tsirli, Section Registrar, Having deliberated in private on 12 February 2019, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in four applications (nos.   56998/16, 58761/16, 60072/16 and 72001/16) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by four Lithuanian nationals, Mr Saulius Velečka (“the first applicant”), Mr Norbertas Tučkus (“the second applicant), Mr Audrius Petkauskas (“the third applicant”) and Mr Tadas Petrošius (“the fourth applicant”), on 24 and 29 September, 4   October, and 25 November 2016 respectively. 2.     The applicants were represented by Mr K. Ašmys, Ms I. Botyrienė and Mr L. Belevičius, lawyers practising in Vilnius. The Lithuanian Government (“the Government”) were represented by their Agent, most recently Ms L. Urbaitė. 3.     On 16 October 2017 complaints concerning Article 5 § 3 of the Convention regarding the length of the applicant’s detention, Article 8 §   1 of the Convention concerning the lack of conjugal visits, and Article 13 of the Convention concerning lack of an effective remedy for the Article 8 §   1 complaint, were communicated to the Government and the remaining parts of the applications were declared inadmissible pursuant to Rule   54 § 3 of the Rules of Court. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 4.     The applicants were born in 1971, 1975, 1974 and 1981 respectively and are detained in Marijampolė and Kybartai Correctional Facilities. 5.     It was suspected that the first applicant, together with the other applicants, had previously agreed to carry out criminal activities, using firearms, as members of a criminal organisation. In May 2011 the pre-trial investigation opened. It was suspected that criminal activities had been planned in Lithuania, Russia, Ukraine, Latvia, the United Kingdom, the Netherlands and Spain. 6 .     In the context of that investigation, the applicants were arrested on 22   January 2013. 7.     The first applicant was questioned and officially notified that he was suspected of being a member of and the leader of a criminal organisation that possessed and distributed large amounts of narcotic and psychotropic substances. He was also suspected of having property with a value of more than 500 times the amount of the minimum standard of living (“MSL”   ‑   didesnį negu 500 MGL vertės turtą ) (approximately 18,825   euros (EUR)) registered in the names of other individuals, which could not have been acquired lawfully. The other applicants were questioned and officially notified that they were suspected of creating and participating in a criminal organisation that possessed and distributed large amounts of narcotic and psychotropic substances. The applicants were also suspected of having property with a value of more than 500 MSL registered in the names of other individuals, which could not have been acquired lawfully. A.     Mr Saulius Velečka 1.     The applicant’s detention on remand (a)     The applicant’s detention during the pre-trial investigation 8 .     On 23 January 2013 the Vilnius City District Court authorised the applicant’s detention on remand for three months. The court considered that the testimony of witnesses in the case, identification reports, expert conclusions, and other data such as information from the authorities of Poland and Russia, were sufficient to hold that the applicant might have committed the criminal offences of which he was suspected. The court noted that it could only impose arrest if it was impossible to achieve the objectives of Article 119 of the Code of Criminal Procedure, namely to ensure that the suspect, the accused or the convicted person participated in the proceedings, to prevent interference with the pre-trial investigation or with the examination of the case before the court, or with the execution of the sentence, and to prevent the commission of further criminal acts by other, less restrictive measures. The court considered that the applicant was suspected of having committed deliberate criminal offences categorised as serious and very serious, and one crime of medium severity, which could lead to imprisonment of more than one year, which was enough to justify measures being taken against the risk of absconding. Also, some of the offences the applicant was suspected of could lead to life imprisonment. The risk of absconding was strengthened by the fact that the applicant had connections in European Union countries, Russia, Ukraine, and the United States, and had planned and committed crimes outside the territory of Lithuania. Moreover, he had already been found guilty of criminal offences in Lithuania and Germany, and it was possible that he would commit new ones. Lastly, the court noted that the pre-trial investigation was still ongoing, was very complex, and the applicant’s detention was necessary to ensure his attendance during the proceedings. 9 .     From then on, the applicant’s detention was regularly extended for three months. The last decision to extend the applicant’s detention for three months at the pre-trial stage was adopted by the Vilnius Regional Court on 17   April 2014. 10 .     The grounds relied on by the domestic courts extending the applicant’s detention were repeated, additionally mentioning new procedural actions that had to be performed or other details. For example, on 18 April 2013 the Vilnius City District Court noted that even though the applicant was married and had a family and a permanent place of residence, these circumstances were not enough to ensure that the applicant would not abscond. On 17 July 2013 the Vilnius Regional Court held that the factual information, including the testimony of witnesses in the case, identification reports, restrictive measures, expert conclusions, items necessary for the investigation, and information received from the authorities of Poland, Belarus, Ukraine, the United Kingdom and Russia, were sufficient to hold that the applicant might have committed the criminal offences of which he was suspected. Also, the case was complex and wide-ranging; there were over forty suspects in the case; the offences had been committed in the territories of Lithuania, European Union member States, Ukraine, Belarus, and Russia; legal cooperation requests had been sent to Russia, Ukraine, the Netherlands and the United Kingdom. Also, numerous investigative actions had been taken since the last extension of the applicant’s detention: existing suspects had been further questioned; new suspects had been arrested and questioned; restrictive measures had been either imposed or extended; expert conclusions had been received; large-scale replies had been received from the authorities of Russia, Ukraine and the United Kingdom; these replies had been translated into Lithuanian; and searches had been carried out, as well as other investigative actions. On 13   August 2013 the Court of Appeal observed that the pre-trial investigation was intense; its length depended on the objective circumstances and complexity of the case. On 21   October 2013 the Vilnius Regional Court noted that on 16 May 2013 another pre-trial investigation had been joined to the current one. On 15   November 2013 the Court of Appeal decided to strike the ground that the applicant might abscond out of the list of grounds on which the applicant had been detained. The court added that the applicant had some health issues but that medical assistance was available for him in the Prison Hospital, which he had already received. The court also considered that in the case at hand the criminal offences had been committed over a period of at least four years by a criminal organisation, the most serious form of complicity, and had involved the territories of multiple countries. Many procedural actions had been carried out, including the sending of legal assistance requests to Russia, Belarus, Ukraine, the Netherlands and the United Kingdom. Furthermore, the suspects and witnesses had been questioned again, eyewitnesses had been identified, new suspects had been arrested and questioned, recognitions had taken place, authorities of Russia and the United Kingdom had been addressed, the Vilnius City District Court had been approached with requests for searches, tasks to examine certain items had been resourced, and expert conclusions received. On 21 January and 17 April 2017 and the Vilnius Regional Court observed that additional information had been received from Spain and several legal assistance requests had been sent to Russia, Belarus, Ukraine, Poland, the Netherlands and the United Kingdom. 11 .     On 30 June 2014 the bill of indictment was drawn up. (b)     The applicant’s detention during his trial 12.     On 2 July 2014 the bill of indictment and the case were referred to the Vilnius Regional Court for examination on the merits, but on 11   July 2014 the Court of Appeal transferred the case for examination on the merits to the Klaipėda Regional Court, because judges of the Vilnius Regional Court had participated in the investigative actions. 13 .     On 10 July 2014 the Vilnius Regional Court extended the applicant’s detention for a further three months. From then on, the applicant’s detention was extended every three months, until 22   July 2016. The courts constantly held that this measure was not too strict in the circumstances of the present case. The courts considered that bail, requested by the applicant, would not remove the threat to the criminal process or to the interests of society, the State, or to other people. They also indicated that the case file kept growing, and that by January 2016 it had reached over 130 volumes. On 16 May 2016 the Court of Appeal noted that the length of the pre-trial detention could not exceed two-thirds of the most serious sentence a person risked incurring. In the present case this requirement had not been breached. 14 .     On 22 July 2016 the Klaipėda Regional Court decided not to extend the applicant’s detention. The court referred to the Court’s practice and held that the persistence of a reasonable suspicion that the person arrested had committed an offence was a condition sine qua non for the lawfulness of the continued detention, but after a certain lapse of time it no longer sufficed. Formal arguments that a person might abscond, commit new offences or interfere with the execution of justice were not enough to extend detention. Prolonged detention could only be possible in exceptional cases when other less restrictive measures were not enough. In the present case, the applicant was arrested on 22   January 2013; at this time his detention had lasted for three years and six months. In 2016 for objective reasons only three hearings had taken place in the criminal case, and other hearings had been scheduled for 25   October, 29 November, and 13, 21 and 22 December 2016. A further extension of the applicant’s detention could therefore be assessed as a violation of Article 5 § 3 of the Convention. The court took into account the fact that EUR 30,000 had been paid as bail. It ordered his documents to be confiscated and placed him under intense supervision by ordering him to wear an electronic ankle bracelet. The applicant was also prohibited from leaving his home for six months unless related to the court hearings. The applicant was released immediately. 15 .     On 5 August 2016 the Court of Appeal, following an appeal by the prosecutor, quashed the lower court’s decision to release the applicant. The court observed that the lower court had not examined whether the grounds to detain the applicant had disappeared. The court held that although the applicant had a family (he married for a second time while detained), a place of residence, and sufficient income, he had been found guilty of an offence in the past, which was a negative character trait. Moreover, the nature and scale of the alleged criminal activities allowed for the conclusion that the applicant had connections abroad. There was therefore a risk that he might abscond. Taking into account the nature of the offences, there was a risk that the applicant might commit further crimes. Although the court acknowledged that the applicant had been detained for a very long time (more than three years and six months), it reiterated that the public interest outweighed the right to individual liberty. The scope of the case (thirteen accused and 139 volumes of material) and the complexity of the investigation justified the applicant’s continued detention. The court noted that examination of the criminal case had not continued after the previous hearing on 29 February 2016 and that the break in proceedings was scheduled to last until 25   October 2016. However, a hearing due on 16 June 2016 had not taken place, because two of the accused had not been present, while the state of health of another two accused had caused another break. The court further observed that twenty-four hearings had taken place in 2015, and concluded that the examination of the case had been intensive. The court ordered the applicant’s detention for three months from the date of his arrest. 16 .     On 3 November 2016 the Klaipėda Regional Court extended the applicant’s detention for a further three months. The court held that the examination of the case was speedy, but that the process had been protracted for reasons unconnected with the work of the court, such as delay in expert reports and illnesses of the accused. The court also indicated that a search for L.P., who was one of the accused, had been announced. From then on the applicant’s detention was extended every three months. The last decision, by which the applicant’s detention was extended for three months, was adopted on 3 November 2017 by the Klaipėda Regional Court. The courts observed the growing volume of the case material, the need to order psychiatric examinations for several of the accused, and the international element of the case. On 12 June 2017 the Court of Appeal disagreed with the arguments of the applicant’s lawyer that examination of the criminal case had become protracted because of the ineffective organisation of the trial court’s work. The court held that the hearings had been scheduled in advance and that examination of the case had become protracted for objective reasons (some hearings had not taken place because of the state of health of the accused, requests from the accused and their lawyers, and the additional questioning of witnesses). The court noted that none of the hearings had been cancelled or postponed because of negligence or inaction on the part of the judges. The court was of the view that the Klaipėda Regional Court had examined the criminal case with sufficient due diligence. Finally, the court held that the Court’s judgment in Lisovskij v.   Lithuania (no. 36249/14, 2 May 2017) was not final and could be changed by the Grand Chamber.     On 30 August 2017 the Court of Appeal found that although for thirty-three months in total there had been no hearings, the breaks had taken place for reasons unconnected with the work of the courts, and it had not been possible to speed up the proceedings. The court observed that during the hearing of 2 December 2015 it had been announced that the next hearing would take place on 29   February 2016 because there needed to be a psychiatric examination of two of the accused. On 19   January 2016 the results of the psychiatric examination were received but it had been decided that the court’s questions could not be answered, and a new psychiatric examination was ordered by a decision of the Klaipėda Regional Court of 29 February 2016. The results were received on 8 and 15 June 2016. The criminal case had not been examined in the hearings that took place on 16 June and 25 October 2016 because some of the accused and their lawyers had failed to appear. On 29 November 2016 the examination of the evidence had continued. The court considered that the breaks in the proceedings had taken place because of both justified and unjustified failure of the parties to the proceedings to appear, prior commitments of the court, or of the parties to the proceedings, and other circumstances. Nevertheless, the court considered that the hearings had been scheduled at regular intervals and the length of the proceedings was justifiable. The court referred to Lisovskij (cited above) but stated that the factual circumstances of that case and the present one were different. Finally, the court held that the examination of the evidence in the criminal case was now complete, and that the case was at the stage of closing statements, however, new circumstances could be revealed at that stage and there was a necessity to further extend the applicant’s detention. On 11   December 2017 the Court of Appeal indicated that a search for one of the accused, L.P. had been announced in 2016 and that he had been found and transferred from Sweden to Lithuania on 18 January 2017. 17 .     On 20 December 2017 the Klaipėda Regional Court found the applicant guilty of organising or leading a criminal organisation, unlawful production, acquisition, storage, transportation forwarding, selling or otherwise distributing category I precursors of narcotic and psychotropic substances, and smuggling and unlawful possession of narcotic or psychotropic substances for the purpose of distribution, and sentenced him to fourteen years and six months’ imprisonment. The court noted that the issue of the length of the applicant’s detention had been examined by the Court. The court further noted that because of the length of the examination of the criminal case the sentence imposed was lower than the average for such offences. The court also stated that according to the practice of the Court, a more lenient sentence could be imposed to compensate for the length of a restrictive measure, and this would deprive a person of his or her victim status. The court did not, however, further elaborate on that issue and did not refer to any cases of the Court. 18.     On 18 January 2018 the criminal case was referred for examination at the Court of Appeal. It appears that at the date of the latest information available to the Court (24 August 2018) those proceedings were still pending. 19.     The applicant is currently serving his sentence in Marijampolė Correctional Facility. 2.     The applicant’s visits 20 .     On 23 July 2015 the applicant asked the Lukiškės Remand Prison authorities to grant him a visit with his future spouse on the day of their wedding in August 2015, without supervision and with physical contact. On 2   September 2015 Lukiškės Remand Prison replied that visits to remand detainees took place without physical contact. Lukiškės Remand Prison indicated that the applicant could appeal to the director of the Prison Department. It appears that the applicant did not appeal against the decision. 21 .     On 8 May 2017 the applicant lodged a claim before the Vilnius Regional Administrative Court, raising, among other issues, the complaint that he could not have long-stay visits while detained in Lukiškės Remand Prison between 1 January 2016 and 26 September 2016. On 13   November 2017 the Vilnius Regional Administrative Court held that remand detainees could receive an unlimited number of visits from their relatives and other people, but that visits had to be approved in writing by the prosecutor of the court carrying out the pre-trial investigation. One visit could not exceed two hours. In the present case there was no information that the applicant had applied for a visit or that he had been refused such visits. The court therefore dismissed this complaint as unfounded. The proceedings before the Supreme Administrative Court are still ongoing. 22 .     It appears from the information provided by the Government that during the applicant’s detention in Lukiškės Remand Prison the applicant was granted twenty-seven short visits in 2014, ninety-nine short visits in 2015, and sixty-four short visits in 2016. During the applicant’s detention in Šiauliai Remand Prison, between 9 August 2016 and 1 January 2017 he was granted seventy-six short visits. After the change of domestic law on 1   January 2017 (see Čiapas v.   Lithuania (dec.), no.   62564/13, § 11, 4   July 2017), the applicant was granted ten long-stay visits with physical contact. B.     Mr Norbertas Tučkus 1.     The applicant’s detention (a)     The applicant’s detention during the pre-trial investigation 23 .     On 23 January 2013 the Vilnius District Court authorised the applicant’s detention for three months. The court relied on very similar reasons as for the first applicant (see paragraph 8 above). The court added that the fact of the applicant’s being married and having children was not sufficient to establish that his ties to society minimised the risk of absconding. Moreover, the applicant was unemployed, thus there was a risk that he might commit new crimes. 24 .     From then on the applicant’s detention was regularly extended for three months. The last decision to extend the applicant’s detention at the pre-trial stage was taken on 17 April 2014. The courts when extending the applicant’s detention relied on various reasons. They noted that although the applicant had a permanent place of residence, children, and a family, these circumstances did not render it unnecessary to keep him in detention. And the applicant had previous convictions: this was a negative character trait and showed that he was not keen on following the laws and general ethical norms. The courts also relied on the complexity of the case and the investigative actions that needed to be performed. On 13 August 2013 the Court of Appeal decided to remove the ground that the applicant might interfere with the proceedings if released. On 21 October 2013 the Vilnius Regional Court noted that the offences had been well planned and had been committed not only in Lithuania but also in other countries. On 19   November 2013 the Court of Appeal observed that on 16 May   2013 another pre-trial investigation was joined to the present one. On 20   January   2014 the Vilnius Regional Court held that there were over fifty suspects in the case, and that legal cooperation requests had been sent to Russia, Belarus, Ukraine, Poland, the Netherlands, Spain and the United Kingdom. The circle of suspects and the offences were continuing to increase. Also, numerous investigative actions had been taken since the applicant’s detention had last been extended: suspects had been further questioned, new suspects had been arrested and questioned, witnesses had been questioned, searches of several suspects had been announced and carried out, restrictive measures had been imposed or extended, searches had been performed, items necessary for the investigation had been taken, tasks for experts had been appointed, some expert conclusions had been received, and wide-ranging replies on some of the issues had been received from the authorities of Russia and Spain. 25 .     On 30 June 2014 the bill of indictment was drawn up. (b)     The applicant’s detention during his trial 26 .     On 10 July 2014 the Vilnius Regional Court extended the applicant’s detention for a further three months. From then on, the applicant’s detention was regularly extended for three months, until 22 July 2016. The courts observed that the case file kept increasing in volume: there was a huge number of witnesses. The applicant’s requests to be released on bail were dismissed. 27 .     On 22 July 2016 the Klaipėda Regional Court decided not to extend the applicant’s detention. The court relied on identical arguments to those made in the case of the first applicant, and ordered the same restrictive measures (see paragraph 14 above). 28 .     On 5   August 2016 the Court of Appeal, following an appeal by the prosecutor, quashed the lower court’s decision to release the applicant. The court relied on very similar arguments to those made in the first applicant’s case (see paragraph 15 above). The court added that although the applicant had a family and a place of residence, he was unemployed before his arrest, thus he had no strong ties with Lithuania and might abscond. The court ordered the applicant’s detention for three months from the date of his arrest. 29 .     From then on the applicant’s detention was regularly extended every three months. The last decision to extend the applicant’s detention was adopted on 3 November 2017 by the Klaipėda Regional Court. The courts constantly underlined the complexity of the case and its international element. On 12 June 2017 the Court of Appeal dismissed the applicant’s appeal. The court held that Lisovskij (cited above), referred to by the applicant, was not final and could still be changed. The court stated that the criminal case was extremely complex, had 147 volumes, and the offences had been committed in Lithuania, other European Union member States, and also third States. Hearings had been scheduled on 11, 12, and 25   November and 9 December 2014; 19 and 20 January, 24 February, 16,   18,   30, and 31 March, 1 and 13 April, 3, 4, 5, and 19 May, 1 and   2   June, 13 and 14 July, 16 and 19 October, 10 and 11   November, and 1   and   2   December 2015; 29 February, 16 June, 25   October and 29   November 2016; 17 February, 17 March, 3 and 11   April, and 3   and   16   May 2017; and had also been scheduled on 30 June and 3,   11   and   12   July   2017. The court held that some of the hearings had been adjourned for reasons unconnected with its work: on 16   March 2015 the victim, A.P., had failed to appear, and had subsequently been placed under arrest for one month in order to ensure his attendance. On 2 April 2015 the court had ordered that seven witnesses be brought to the hearing, while an adjournment had taken place on 14 and 15 April 2015 because of the state of health of one of the accused. On 3 June 2015 the court had ordered one witness to pay a fine and ordered the authorities to bring him to the hearing. A hearing due on 16 October 2015 had not taken place because the applicant was ill. During a hearing on 19 October 2015 one of the accused had been questioned but it had been found that he had experienced a head injury the month before. Another accused’s health was also questionable, thus an expert opinion had been ordered by the court on 20 October 2015. Another expert report had been ordered on 29 February 2016. The hearing set for 25 October 2016 was postponed because one of the accused, L.P., had breached the requirements of his restrictive measure and had been arrested in Sweden, while two other accused had health issues. The other hearings had taken place in accordance with the schedule. On 30 August 2017 the Court of Appeal dismissed the applicant’s appeal. The court dismissed the arguments of the applicant’s lawyer that the applicant’s detention had been extended on identical grounds to those given by the courts. The court stated that the mere fact that the arguments given by the courts had been similar or identical did not mean that the reasons to extend the detention had been arbitrary. The court considered that the first-instance court had complied with the requirement of requisite diligence, and made a reasoned conclusion. Moreover, the case was extremely complex, and had 150 volumes of material at that time. The examination of the accused had been protracted for reasons unconnected with the work of the court: the necessity to carry out certain investigative actions; failure of the parties to the proceedings to appear, for both justified and unjustified reasons; and prior commitments on the part of the parties to the proceedings and the court. The regional court had taken the necessary measures (fines, summons, and other measures) to ensure that the proceedings were not protracted. The court referred to the case-law of the Court, and observed that the exceptional circumstances could justify the length of the pre-trial detention. Such circumstances in the present case were: the danger presented by the applicant, his supposed role in the offences of which he was accused, and the nature of the offences. As mentioned by the other courts, the applicant was accused of setting up a criminal organisation using firearms that had committed offences designated as both very serious and serious within the territories of several States. The applicant’s detention was thus justified. On 22 November 2017 the Court of Appeal dismissed the applicant’s appeal. The court observed that the argument of the applicant’s lawyer, that the applicant was never the cause of cancellation or adjournment of the hearings, was not justified, because on 16   October 2015 the hearing did not take place because the applicant refused to attend because of the conditions of detention in custody. Also, the court noted that the next hearing was scheduled for 7   December 2017 and the closing statements would be pronounced at that hearing, which meant that the case would be determined soon. 30 .     On 20 December 2017 the Klaipėda Regional Court found the applicant guilty of involvement in the criminal activities of a criminal organisation, unlawful production, acquisition, storage, transportation forwarding, selling or otherwise distributing category I precursors of narcotic and psychotropic substances, smuggling, and unlawful possession of narcotic or psychotropic substances for the purpose of distribution, and sentenced him to thirteen years’ imprisonment. The court gave the same reasoning as regards the length of the examination of the criminal case as in the first applicant’s case (see paragraph 17 above). 31.     On 18 January 2018 the criminal case was referred for examination at the Court of Appeal. It appears that at the date of the latest information available to the Court (24 August 2018) those proceedings were still pending. 32.     The applicant is currently serving his sentence in Marijampolė Correctional Facility. 2.     The applicant’s visits 33.     It appears from the information provided by the Government that between 24 January 2013 and 22 July 2016 the applicant was detained in Lukiškės Remand Prison, and between 9 August 2016 and 1 December 2017 he was detained in Šiauliai Remand Prison. 34.     On 25 May 2015 the applicant asked the Lukiškės Remand Prison to allow him to have long-stay visits without supervision. On 23 June 2015 the prison authorities replied that long-stay visits were not available for remand detainees, and that the applicant could have short visits of up to two hours, without physical contact. 35 .     The applicant lodged a claim, complaining about, among other issues, the lack of long-stay visits between 31 October and 5 November 2008 and between 24 January 2013 and 17 August 2015. On 6 February 2017 the Panevėžys Regional Administrative Court dismissed the part of the applicant’s complaint covering the period between 31 October and 5   November 2008 because he had missed a three-year limitation period. The court held that no long-stay visits were allowed for remand detainees under domestic law but that the applicant had received forty-three short visits between 24 January 2013 and 17 August 2015. However, in compensation for inadequate conditions of detention the applicant had received EUR   5,800 for 671 days of insufficient personal space at his disposal and other material conditions of detention. On 14 March 2018 the Supreme Administrative Court referred to the case of Varnas v.   Lithuania (no.   42615/06, 9 July 2013) and held that the applicant’s rights had been breached with regard to the authorities’ refusal to allow him long-stay visits. The court increased the compensation to EUR 7,300. 36.     The applicant lodged another claim, complaining about the lack of both long and short visits between 17 August 2015 and 22 July 2016. On 25   July 2017 the Vilnius Regional Administrative Court held that the applicant had not provided any evidence that he had asked the prison administration for a visit. As a result, this part of the claim was dismissed. The applicant submitted an appeal, which is still pending before the Supreme Administrative Court. 37 .     It appears that the applicant received thirteen short visits in 2014, eighteen short visits in 2015 and eleven short visits in 2016. Between 9   August 2016 and 1 January 2017 the applicant had fifteen short visits. After the entry into force of the new regulation on 1 January 2017, the applicant was granted ten long-stay visits with physical contact. It appears that the applicant did not ask for more short visits, nor did he argue that he had been refused them. C.     Mr Audrius Petkauskas 1.     The applicant’s detention (a)     The applicant’s detention during the pre-trial investigation 38 .     On 24 January 2013 the Vilnius District Court authorised the applicant’s detention for three months. The court considered essentially the same arguments as those in the cases of the first and the second applicants (see paragraphs 8 and 23 above). The applicant’s having a family, children, a permanent place of residence and employment was not sufficient to establish that his ties to society minimised the risk of absconding. 39 .     From then on, the applicant’s detention was regularly extended for three months. The last decision to extend the applicant’s detention at the pre ‑ trial stage was taken on 17 April 2014. The courts relied on the necessity to carry out additional investigative measures, the complexity of the case, and the international element. On 13 August 2013 the Court of Appeal removed the risk of absconding from the list of grounds on which the applicant had been detained. On 23 October 2013 the Vilnius Regional Court added that on 16 May 2013 another pre-trial investigation was joined to the current one. In further decisions extending the applicant’s detention on remand the courts took into account that the offences had been committed over a period of at least four years by the criminal organisation, and had involved the territories of multiple countries. The courts identified the investigative actions that had been carried out and indicated that more investigative actions would have to be carried out. 40 .     On 30 June 2014 a bill of indictment was drawn up. (b)     The applicant’s detention during his trial 41.     On 2 July 2014 the bill of indictment and the case were referred to the Vilnius Regional Court for examination on the merits, but on 11 July 2014 the Court of Appeal transferred the case for examination on the merits to the Klaipėda Regional Court, because the judges of the Vilnius Regional Court had taken part in the investigative actions. 42 .     On 10 July 2014 the Vilnius Regional Court extended the applicant’s detention for a further three months. From then on, the applicant’s detention was constantly extended for three months until 22 July 2016. The courts relied on the complexity of the case, the applicant’s character, and the nature of the offences. 43 .     On 22 July 2016 the Klaipėda Regional Court approved an application by the applicant for a variation in the restrictive measure regime. The court found that for reasons unconnected with the work of the courts only three hearings in the criminal case against the applicant had taken place, further hearings were not scheduled until October-December, and a further extension of the applicant’s detention could be assessed as a violation of Article 5 § 3 of the Convention. The other arguments were very similar to those pronounced in the cases of the first and second applicants, and the restrictive measures were the same (see paragraphs 14 and 27 above) 44 .     On 5 August 2016 the Court of Appeal, following an appeal by the prosecutor, quashed the lower court’s decision to release the applicant. The court relied on the same arguments as in the cases of the first and second applicants (see paragraphs 15 and 28 above). The court ordered the applicant’s detention for three months from the date of his arrest. 45 .     On 3 November 2016 the Klaipėda Regional Court extended the applicant’s detention for a further three months. From then on, the applicant’s detention was regularly extended for three months. The last decision to extend the applicant’s detention was adopted on 3 November 2017 by the Klaipėda Regional Court. The courts relied on the complexity of the case and the international element, and noted that the court examining the criminal case on the merits had put maximum efforts into ensuring that the examination of the case was speedy; despite this the process had been protracted for unconnected reasons. On 12 June 2017 the Court of Appeal held that there was no unjustified delay in the proceedings. It reiterated the reasons given by the Court of Appeal on 12 June 2017 in the second applicant’s case (see paragraph 29 above). It added that the Court’s judgment in Lisovskij (cited above), referred to by the applicant, was not final and that the factual circumstances of that case were different.   On 30 August 2017 the Court of Appeal held that the length of the applicant’s detention was justified by the applicant’s character, the seriousness of the offences, the extreme complexity of the case (thirteen accused, many witnesses, many episodes of criminal activity, 150 volumes of evidence) as well as by the public interest, which was justified under the Court’s case-law. The court did not agree that the proceedings in the criminal case had been conducted passively: the hearings had been scheduled in advance and the schedule had been intense. The breaks in the proceedings had been announced because of failure of the parties to the proceedings to appear, because of absconding, and because of the necessity to carry out special investigations. 46 .     On 20 December 2017 the Klaipėda Regional Court found the applicant guilty of unlawful deprivation of liberty, robbery, organising or leading a criminal organisation, unlawful production, acquisition, storage, transportation, forwarding, selling or otherwise distributing category   I precursors of narcotic and psychotropic substances, seizure of a seal, stamp or document or use of a stolen seal, stamp or document, and sentenced him to thirteen years’ imprisonment. The court gave the same reasoning as regards the length of the examination of the criminal case as in the first applicant’s case (see paragraph 17 above). 47.     On 18 January 2018 the criminal case was referred for examination at the Court of Appeal. It appears that at the date of the latest information available to the Court (24 August 2018) those proceedings were still pending. 48.     By a decision of 8 February 2018 the Court of Appeal granted the applicant’s request to allow him to start serving the sentence imposed on him by the judgment of the Klaipėda Regional Court of 20 December 2017. 49.     The applicant started serving his sentence in Kybartai Correctional Facility on 22 February 2018. 2.     The applicant’s visits 50.     It appears from the information provided by the Government that between 4 February 2013 and 22 July 2016 the applicant was detained in Lukiškės Remand Prison and between 9 August 2016 and 1 December 2017 in Šiauliai Remand Prison. 51.     In May 2016 the applicant submitted a complaint to the Vilnius Regional Administrative Court concerning, among other, the fact that he could not receive long-stay visits. On 3 August 2016 the Vilnius Regional Administrative Court stated that the applicant’s complaint was abstract: it was not clear whether he had asked the prison authorities for a long-stay visit or named a person from who he wanted to receive such a visit. 52.     The applicant lodged an appeal, but on 24 March 2017 informed the Supreme Administrative Court that he did not want his appeal to be examined, and asked for the appellate proceedings to be terminated. On 26   April 2017 the Supreme Administrative Court allowed the applicant’s claim. 53.     On 29 August 2016 the applicant asked the Šiauliai Remand Prison authorities to allow him to receive a long-stay visit from his wife. On 30   August 2016 the prison authorities replied that the domestic law did not allow remand prisoners long-stay visits. The applicant did not appeal against this decision. 54 .     It appears from the information provided by the Government that while detained in Lukiškės Remand Prison in 2014 the applicant had sixteen short visits, in 2015 he had twenty short visits and in 2016 he had ten short visits. It appears that in while detained in Šiauliai Remand Prison 2016 the applicant had four short visits and in 2017 he had eight short visits. On 24   June and 9 August 2017 the applicant was allowed to receive visits without physical separation. On 11 January, 25 February, 13 April, 18 May, 18 July and 17 October 2017 the applicant was allowed to receive long-stay visits from his wife. D.     Mr Tadas Petrošius 1.     The applicant’s detention (a)     The applicant’s detention during the pre-trial investigation 55 .     On 23 January 2013 the Vilnius City District Court authorised the applicant’s detention for two months from 22 January 2013. The court relied on essentially the same arguments as in the cases of the first three applicants (see paragraphs 8, 23 and 38 above). The court further stated that the applicant had a family, a five-month-old child, and a permanent place of residence. He had also been diagnosed with Hepatitis C, but none of these circumstances meant that he could not be detained. 56 .     On 19 March 2013 and 15 May 2013 the Vilnius City District Court extended the applicant’s detention for a further two months. The court held that it was possible that realising the severity of the penalty the applicant might make use of his connections outside the territory of Lithuania and abscond. The fact that the applicant had a child was not sufficient to hold that the applicant would not abscond; nor were the applicant’s health issues. If medical treatment was necessary, the applicant would have to approach the prison authorities, who were obliged to ensure the proper provision of medical services. Also, the applicant was suspected of committing well ‑ organised crimes that had an international element. He was suspected of being one of the leaders of a criminal organisation. It was also suspected that the applicant had been receiving income from his criminal activities, because although he had several business certificates he had not been engaging in any activity in that respect, and had not received income from them. 57 .     From then on, the applicant’s detention was regularly extended for three months. The last decision to extend the applicant’s detention for three months at the pre-trial stage was adopted by the Vilnius Regional Court on 18   April 2014. The courts relied on the international element, the complexity of the case, and the need to carry out investigative actions. 58.     The applicant’s lawyer asked the Prosecutor General’s Office to release the applicant from detention and to impose a less restrictive measure on him. The prosecutor refused, because the applicant was facing a sentence of life imprisonment. The prosecutor also stated that the grounds for keeping the applicant in detention persisted. Also, in the context of the present case, another suspect was released from detention twice: he committed further offences and had to be detained again. 59 .     On 30 June 2014 the bill of indictment was drawn up. (b)     The applicant’s detention during his trial 60.     On 2 July 2014 the bill of indictment and the case were referred to the Vilnius Regional Court for examination on the merits, but on 11 July 2014 the Court of Appeal transferred the case for examination on the merits to the Klaipėda Regional Court, because the judges of the Vilnius Regional Court had taken part in the investigative actions. 61 .     On 10 July 2014 the Vilnius Regional Court extended the applicant’s detention for a further three months; from then on the applicant’s detention was extended every three months until 22   July 2016. The courts relied on the complexity of the case, the applicant’s character, the nature of the offences, and the international element of the case. 62 .     On 22 July 2016 the Klaipėda Regional Court decided to release the applicant on bail and to place him under intense supervision. It relied on the same reasons as in the cases of the first three applicants and applied the same restrictive measures (see paragraphs 14, 27 and 43 above). 63 .     On 5 August 2016 the Court of Appeal, following an appeal by the prosecutor, quashed the lower court’s decision to release the applicant on essentially the same grounds as in the case of the first three applicants (see paragraphs 15, 28 and 44 above). The court ordered the applicant’s detention for three months from the date of his arrest. 64 .