Questão jurídica principal
Whether the detention order violated the defendant's right to be heard before continuation of pretrial detention as security detention.
Decisão extraída
Yes. The detainee had to be given the opportunity to comment before the court ordered continuation of detention as security detention; only personal oral questioning could be dispensed with.
Fundamentação extraída
Art. 31(4) BV and Art. 5(4) ECHR apply also to ex officio judicial detention review after indictment. § 67(2) StPO/ZH removes only the right to personal hearing, not the right to comment on the prosecution's request.