Question juridique clé
Whether the accused had to be heard before ex officio continuation of pre-trial detention as security detention after indictment.
Solution extraite
Yes. In an ex officio detention review after indictment, the detainee must at least be invited to submit written observations on the current detention grounds; the absence of such a hearing violates the right to be heard.
Motifs extraits
The case was not a first detention order under Art. 31(3) BV and Art. 5(3) ECHR, but a continuation decision governed by Art. 31(4) BV and Art. 5(4) ECHR. Those guarantees also apply when the court reviews detention of its own motion. Under those minimum guarantees, the detainee must be able to comment on the authorities' submissions in the current procedural stage; personal oral hearing is not required under § 67(2) StPO/ZH.