Key legal question
Whether the refusal to return the passport temporarily was lawful and proportionate as a substitute measure to pretrial detention.
Extracted holding
The refusal was lawful: passport seizure is admissible as a less severe substitute measure where a concrete flight risk remains, and the cumulative safeguards already imposed were still insufficient.
Extracted reasoning
The Court held that, although the Code of Criminal Procedure did not expressly list passport seizure, such a measure may follow from the right to release under safeguards and from proportionality. The applicant's flight risk had not diminished; the criminal charges remained serious; and the commercial and personal reasons invoked did not outweigh the risk. The combination of a large bank guarantee, blocked assets, domicile election, and passport retention was proportionate.