Key legal question
Whether the security detention order violated the constitutional and ECHR right to prompt judicial hearing by a judge with power to release the detainee.
Extracted holding
Yes. The judge who ordered detention had not personally heard the accused before issuing the warrant, and the post-order hearing by a court clerk could not replace the required oral hearing before a competent judge.
Extracted reasoning
Art. 31(3) BV and Art. 5(3) EMRK require prompt presentation before a judge or equivalent officer who personally hears the detainee and can order release. Written submissions do not replace the mandatory oral hearing unless waived, which was not shown here.