CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 mai 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s76CF415B { page-break-before:always; clear:both } .s2E302ED2 { margin-top:0pt; margin-bottom:0pt; font-size:14pt } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .sD9DA4DFD { height:45pt } .sCA8CFD73 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:3.12pt; padding-left:3.12pt; vertical-align:top; background-color:#b4c6e7 } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s84417467 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:3.12pt; padding-left:3.5pt; vertical-align:top; background-color:#b4c6e7 } .sACAFFC6F { border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:3.12pt; padding-left:3.5pt; vertical-align:top; background-color:#b4c6e7 } .s2BBD305F { height:60pt } .sEFBEAEFE { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:3.12pt; padding-left:3.12pt; vertical-align:top } .s1D670E94 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:3.12pt; padding-left:3.5pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sC24E649D { border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:3.12pt; padding-left:3.5pt; vertical-align:top } .sFFAC2F38 { height:30pt } .s5EB4F24 { height:75pt } .s42928CAE { height:90pt } .s933A86D0 { height:150pt } .s349D86D0 { height:120pt } .s16FF86CB { height:105pt } .s822A78E4 { border-right-style:solid; border-right-width:0.75pt; padding-right:3.12pt; padding-left:3.12pt; vertical-align:top } .sBBE1B284 { border-right-style:solid; border-right-width:0.75pt; padding-right:3.12pt; padding-left:3.5pt; vertical-align:top } .s3BE03F24 { padding-right:3.12pt; padding-left:3.5pt; vertical-align:top } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 7 June 2021   SECOND SECTION Application no. 58665/17 Ahmet ERİŞ against Turkey and 95 other applications (see list appended) communicated on 17 May 2021 SUBJECT MATTER OF THE CASE The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (Fetullahist Terrorist Organisation / Parallel State Structure), in the aftermath of the attempted coup d’état which took place on 15 July 2016. The applicants complain of a violation of Article   5 of the Convention on the basis of the following allegations (see the appended table for detailed information as to the specific complaints raised by each applicant): - They were detained in the absence of any suspicion that they committed an offence; - There were no relevant and sufficient reasons to justify their initial and/or continued pre-trial detention; - The length of their pre-trial detention was excessive; - The reviews of detention took place without a hearing and they were not notified of the opinion of the public prosecutor on those reviews; - Their access to the investigation files was restricted; - The objections to their detention or their requests for release were not examined or examined belatedly; - The decisions extending their pre-trial detention were not notified to them, or were notified with a delay, which prevented them from appealing against those decisions; - They did not benefit from effective legal assistance and facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers was monitored by the prison authorities; - The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive. QUESTIONS TO THE PARTIES On the basis of the complaints communicated in accordance with the list in the Appendix   1.     Can the applicants be considered to have been detained on the basis of “a reasonable suspicion” that they had committed an offence (see, in particular, Fox, Campbell and Hartley v. the United Kingdom , 30   August 1990, § 32, Series A No. 182), taking into account, in particular, Article   100 of the Code of Criminal Procedure, which requires “concrete evidence demonstrating the existence of strong suspicions” as to the commission of the offence? Moreover, has the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants?   2.     (a)     Did the applicants exhaust the remedies available in domestic law in relation to their complaints under Article 5 § 3 of the Convention? To the extent that the applicants’ complaints did not relate solely to the length of their pre-trial detention but also concerned the alleged failure of the domestic courts to provide relevant and   sufficient   reasons to justify their initial and continued pre-trial detention, can a compensation claim under Article   141 §   1(d) of the Code of Criminal Procedure be regarded as an effective remedy in respect of those complaints (see Selahattin Demirtaş v.   Turkey (no.   2) [GC], no. 14305/17, § 213, 22 December 2020)? The Government are invited to provide sample decisions to demonstrate whether the remedy under Article 141 § 1(d) of the Code of Criminal Procedure has been interpreted and applied by the national courts in a manner that extends to complaints concerning the lack of relevant and sufficient reasons to justify pre-trial detention.   (b)     Was the applicants’ pre-trial detention compatible with the requirements of Article   5   §   3 of the Convention? In particular: (i)     Did the judges, who ordered the applicants’ initial pre-trial detention and the prolongation of their detention, and who examined the objections lodged against those decisions, fulfil their obligation to provide relevant and sufficient grounds for the deprivation of liberty in question (see, in particular, Buzadji v. the Republic of Moldova [GC], no.   23755/07, §   102, ECHR 2016 (extracts))? (ii)     Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement under Article 5 § 3 of the Convention?   3.     Did the applicants have at their disposal an effective remedy by which they could challenge the lawfulness of their deprivation of liberty, as required by Article   5 §   4 of the Convention? In particular, the Government are invited to respond to the following complaints made by the applicants:   (i)     the principle of equality of arms had not been respected, as the decisions to extend their detention and their objections to those decisions had been examined without a hearing and the prosecutors’ opinions had not been communicated to them; (ii)     they had been unable to challenge their detention in an effective manner because of the restriction imposed on their access to the investigation file; (iii)     their objections to their detention had not been examined or had been examined belatedly; (iv)     the decisions to extend their detention had not been notified to them or had been notified with a delay, which had prevented them from lodging objections against those decisions; (v)     they had had no effective legal assistance or facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers had been monitored; (vi     the time taken by the Constitutional Court to examine their individual applications had been protracted.   4.     Did the compensation remedy provided under Article   141 of the Code of Criminal Procedure constitute an effective remedy, within the meaning of Article   5 §   4 of the Convention, in respect of complaints concerning (i) the lack of an oral hearing during the review of detention; (ii)   the non ‑ notification or belated notification of the detention decision; and (iii)   the lack of or delay in the examination of the objection against detention by the magistrates’ courts? The Government are invited to provide sample domestic court decisions in support of their reply .     APPENDIX   No. Application No. Case Title Date Of Intro Complaints 1 58665/17 Eriş v. Turkey 28/07/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 59699/17 Kurt v. Turkey 08/11/2016 Lack of reasonable suspicion 3 70782/17 Gürbüz v. Turkey 24/08/2017 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 81096/17 Diri v. Turkey 08/11/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 84/18 Özbek v. Turkey 06/12/2017 Lack of reasonable suspicion 6 86/18 Tan v. Turkey 06/12/2017 Lack of reasonable suspicion 7 133/18 Çiftçi v. Turkey 06/12/2017 Lack of reasonable suspicion 8 144/18 Eker v. Turkey 06/12/2017 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 392/18 Kaplan v. Turkey 04/12/2017 Lack of reasonable suspicion 10 3462/18 Köksal v. Turkey 04/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 4625/18 Çevik v. Turkey 13/07/2017 Lack of reasonable suspicion 12 4697/18 Tarhan v. Turkey 13/07/2017 Lack of reasonable suspicion 13 6480/18 Arslan v. Turkey 03/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 6519/18 Özdemir v. Turkey 20/12/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 6631/18 Çetinkaya v. Turkey 12/01/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 6670/18 Özkul v. Turkey 09/01/2018 Lack of reasonable suspicion 17 6691/18 Uzundal v. Turkey 25/01/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 7741/18 Güneş v. Turkey 15/01/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 19 7747/18 Gökçe v. Turkey 17/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 8313/18 Kahraman v. Turkey 26/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 8386/18 Yiğit v. Turkey 26/01/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 22 8565/18 Kaya v. Turkey 13/02/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 23 8607/18 Seçkiner v. Turkey 28/04/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 8608/18 Karagöz v. Turkey 27/04/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 8910/18 Çolak v. Turkey 23/05/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 9567/18 Toker v. Turkey 13/02/2018 Lack of reasonable suspicion 27 9582/18 Ilık v. Turkey 13/02/2018 Lack of reasonable suspicion 28 9584/18 Yücedağ v. Turkey 13/02/2018 Lack of reasonable suspicion 29 9585/18 Aydoğmuş v. Turkey 13/02/2018 Lack of reasonable suspicion 30 9586/18 Sıryol v. Turkey 13/02/2018 Lack of reasonable suspicion 31 9587/18 Demir v. Turkey 13/02/2018 Lack of reasonable suspicion 32 9881/18 Polat v. Turkey 29/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 9887/18 Tunç v. Turkey 30/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 9904/18 Şimşek v. Turkey 30/01/2018 Lack of reasonable suspicion 35 9984/18 Türker v. Turkey 29/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 10891/18 Bulmuş v. Turkey 06/02/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 11420/18 Sis v. Turkey 27/02/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 11892/18 Balaban v. Turkey 15/02/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 11977/18 Aydoğdu v. Turkey 05/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 12124/18 Özcan v. Turkey 06/03/2018 Lack of reasonable suspicion 41 12147/18 Güngör v. Turkey 16/02/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 12700/18 Aydemir v. Turkey 06/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 14185/18 Kunçay v. Turkey 13/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 14670/18 Arslan v. Turkey 13/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 14845/18 Zenginerler v. Turkey 02/02/2018 Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 46 14910/18 Güler v. Turkey 13/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 15443/18 Sandal v. Turkey 22/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 15883/18 Çelik v. Turkey 20/03/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 49 16261/18 Çakıcı v. Turkey 13/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 16300/18 Evren v. Turkey 14/03/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 16308/18 Yıldırım v. Turkey 29/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 16396/18 Şenel v. Turkey 27/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion Lack of reasonable suspicion 53 16895/18 Arslanbaba v. Turkey 26/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 16900/18 Kartal v. Turkey 28/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 17569/18 Çengelci v. Turkey 08/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 17575/18 Kılıçarslan v. Turkey 21/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 17579/18 Baran v. Turkey 16/02/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 17907/18 Kağızman v. Turkey 10/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 18051/18 Uçkan v. Turkey 09/04/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 60 18539/18 Kartal v. Turkey 02/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 18580/18 Arslan v. Turkey 19/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 62 18599/18 Bol v. Turkey 13/03/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 19290/18 Yılmaz v. Turkey 13/04/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 19703/18 Evli v. Turkey 16/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 19714/18 Demirel v. Turkey 19/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 20393/18 Pala v. Turkey 17/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 20404/18 Ata v. Turkey 17/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 20469/18 Koç v. Turkey 17/04/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 20538/18 Altınkaynak v. Turkey 16/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 21002/18 Çelik v. Turkey 25/04/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 21908/18 Aksoy v. Turkey 27/04/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 24450/18 Aslan v. Turkey 04/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 29593/18 Yücel v. Turkey 04/06/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 39764/18 Güler v. Turkey 06/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 41587/18 Esen v. Turkey 08/08/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 45534/18 Karadavut v. Turkey 07/09/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 45540/18 Çıtaker v. Turkey 07/09/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 45543/18 Nokta v. Turkey 07/09/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 79 45545/18 Şahin v. Turkey 07/09/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 45556/18 Celik v. Turkey 07/09/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 81 45718/18 Seçgin v. Turkey 19/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 45768/18 Karakaş v. Turkey 13/09/2018 Failure/Delay in examining requests for enlargement/objection Failure/Delay to communicate decisions relating to detention 83 45893/18 Kaya v. Turkey 20/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 46097/18 Dalar v. Turkey 14/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 46168/18 Altundal v. Turkey 05/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 46212/18 Elgün v. Turkey 18/09/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 46241/18 Kıran v. Turkey 24/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 46256/18 Budaklı v. Turkey 17/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 46274/18 Kose v. Turkey 26/09/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 90 46372/18 Tuncer v. Turkey 27/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 46421/18 Şakiroğlu v. Turkey 12/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 46824/18 Uzun v. Turkey 20/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 46901/18 Alimoğlu v. Turkey 24/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 47027/18 Argündoğan v. Turkey 28/09/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 95 47046/18 Eldemir v. Turkey 17/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 18561/19 Ulusoy v. Turkey 20/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention