CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 juin 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s9C156EF7 { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .sC36A6361 { font-family:Arial; color:#000000 } .sC67BAE14 { margin-top:12pt; margin-left:14.2pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } Published on 23 June 2025   SECOND SECTION Application no. 7454/21 Djafer NEBIJA against North Macedonia lodged on 5 January 2021 communicated on 4 June 2025 SUBJECT MATTER OF THE CASE The application concerns the lack of a speedy review of the applicant’s deprivation of liberty. On 18 October 2019 the applicant was arrested after a bomb had been found in his backyard. On the following day, a judge ordered his detention on remand for 30 days. It was subsequently extended at regular intervals, the last such decision being taken on 13 March 2020. Meanwhile, on 14 November 2019 he was charged with abuse of weapons or explosives. On 1 April 2020 the applicant was convicted by the first-instance court and sentenced to four years of imprisonment. By a separate decision delivered on the same day, his detention on remand was extended until the judgment became final or until he started serving his sentence. On 3 April 2020 he lodged an appeal against the decision extending his detention. On 13 July 2020 the Court of Appeal dismissed that appeal. On 19 October 2020 the applicant’s appeal against the judgment of the first-instance court concerning his conviction was dismissed. However, following an extraordinary review, the conviction was later overturned and the case was remitted for a retrial. On 18 November 2021 the applicant was detained again. On 14 January 2022 his detention was replaced with house arrest. On 14 April 2022, following a retrial, the applicant was convicted by the first-instance court. By a separate decision delivered on the same day, his house arrest was extended until the judgment became final or until he started serving his sentence. On 20 April 2022 he lodged an appeal against the decision extending his house arrest. On 14 July 2022 the Court of Appeal granted the applicant’s appeal in part but upheld the house arrest. The applicant complains that the length of the time it took the Court of Appeal to decide upon the appeal which he lodged on 3 April 2020 against the decision extending his detention on remand (three months and ten days) and upon the appeal which he lodged on 20 April 2022 against the decision extending his house arrest (two months and twenty-five days) was in breach of Article   5 § 4 of the Convention. QUESTIONS TO THE PARTIES 1.     Was Article 5 § 4 applicable to the review proceedings regarding the order of 1 April 2020 extending the applicant’s detention on remand and the order of 20 April 2022 extending his house arrest (see   Stollenwerk v.   Germany , no.   8844/12 , §§ 35-36, 7 September 2017, and Yılmaz Aydemir v. Türkiye , no. 61808/19, § 36, 23 May 2023)? 2.     If so, were the proceedings before the Skopje Court of Appeal, by which the applicant sought to challenge the orders of 1   April 2020 and 20   April 2022, compatible with the requirement of a “speedy” review within the meaning of Article 5   §   4 of the Convention (see Ilnseher v.   Germany [GC], nos. 10211/12 and 27505/14, §§ 255-56, 4   December   2018, and Janakieski v. North Macedonia , nos. 57325/19 and 16291/20, §§ 88-89, 14 November 2023)?