Key legal question
Whether the cantonal court violated the right to be heard / right to reply by relying on the prosecutor's written observations without allowing a response
Extracted holding
Yes. In detention review, the accused must be able to reply to every prosecutorial submission; the court should have set a deadline for a rejoinder.
Extracted reasoning
Under Art. 5(4) ECHR the review of detention must be adversarial. The prosecutor's submission contained arguments the accused had to be able to address. Merely forwarding it for information was insufficient.