CEDH · CASELAW;COMMUNICATEDCASES;ENG — 8 novembre 2016

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both }   Communicated on 8 November 2016   FIFTH SECTION Application no. 22692/15 Ivan PATALAKH against Germany lodged on 11 May 2015 SUBJECT MATTER OF THE CASE The applicant, a national of the Russian Federation, was arrested on 30   October 2013 based on an arrest warrant of the Frankfurt/Main District Court of that same day. The application concerns the speediness of the periodic judicial review of the applicant’s pre-trial detention by the Frankfurt/Main Court of Appeal and, linked thereto, the lawfulness of the detention. On 28 July 2014 the Frankfurt/Main Court of Appeal ordered the continuation of the applicant’s pre-trial detention and that the case-file be submitted to the Court of Appeal by 28 October 2014 at the latest for the subsequent review. On 24 October 2014 the Frankfurt/Main General Prosecutor requested that the continuation of the applicant’s pre-trial detention be ordered and submitted the case-file to the Court of Appeal. On 15 April 2015 the Frankfurt/Main Court of Appeal ordered the continuation of the applicant’s pre-trial detention, with the respective decision being issued on 13 May 2015 and served on the applicant on 15 May 2015. On 21 April 2015 the applicant lodged a complaint with the Federal Constitutional Court, which declined to accept the case for adjudication without providing reasons on 27 April 2015 (file no. 2 BvR 726/15).     QUESTIONS tO THE PARTIES 1.     Did the length of the proceedings of the present case, by which the lawfulness of the applicant’s pre-trial detention was reviewed following the request of the Frankfurt/Main General Prosecutor of 24 October 2014 until the service of the decision of the Frankfurt/Main Court of Appeal on the applicant on 15 May 2015, comply with the “speed” requirement of Article   5 § 4 of the Convention?   2.     Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, did the length of the proceedings to review the lawfulness of the applicant’s detention render the detention arbitrary, considering that Article 122 § 4 second sentence of the Code of Criminal Procedure provided that the review of remand detention exceeding a period of six months must be repeated no later than every three months?