Questão jurídica principal
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
Decisão extraída
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.
Fundamentação extraída
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.