5.  The applicant was born in 1968 and lives in Kumanovo.
6.  The applicant had been in pre-trial detention since 21 October 2008 in connection with proceedings (КОК бр. 3/09) related to a suspicion of criminal conspiracy (злосторничко здружување) and abuse of office (злоупотреба на службената положба и овластување) when, on 26 December 2009, the investigating judge of the Skopje Court of First Instance (Основен суд Скопје, “the trial court”) opened a new investigation in respect of him and fourteen other people. The new investigation related to allegations of criminal conspiracy, abuse of office and extortion (изнуда) related to alleged money laundering and the unlawful acquisition of property (КОК бр. 17/10).
7.  At the same time the investigating judge ordered that the applicant be held in pre-trial detention for thirty days, starting from 25 December 2009. The order applied also to thirteen other suspects and was based on all three grounds specified in section 199(1) of the Criminal Proceedings Act (Закон за кривичната постапка, Official Gazette no. 15/2005 – “the Act”), namely a risk of absconding, reoffending and interfering with the investigation. As to the risk of absconding and reoffending, the judge relied on the gravity of the charges, the potential penalty, the circumstances under which the alleged offences had been committed and the links between the suspects. She further held that there was a risk of interference with the investigation if the suspects were released as the investigation had just begun and there were a number of investigative actions pending, including the questioning of witnesses.
8.  The applicant lodged an appeal, arguing that he had already been held in detention in relation to the other set of criminal proceedings and the reasons provided by the investigating judge were not relevant and sufficient to justify another detention order.
9.  On 30 December 2009 a three-judge panel of the trial court, dismissed the applicant’s appeal and endorsed the investigating judge’s findings. As to the risk of the applicant’s absconding, the panel, in addition to the gravity of the charges and the potential penalty, took into account his previous history of being in “conflict with the law” (и претходно доаѓал во судир со законот) and the fact that there were parallel criminal proceedings against him for similar criminal offences. The panel considered that the fact that the applicant had a family and three children who were still minors could not suffice as a guarantee of his presence during the proceedings. The panel took note of the detention order in the other set of proceedings, but held that the question concerned two separate and independent sets of criminal proceedings. In the light of all the circumstances, the court was of the opinion that a further extension of the applicant’s detention had been warranted.
10.  On 21 January 2010 a three-judge panel ordered a thirty-day extension of the pre-trial detention of the applicant and some of the other suspects. The extension was ordered on all three grounds of the Act. The panel based its decision on the same reasons as before. It also referred to the applicant’s possessions in the respondent State, and considered that, in the circumstances, there were insufficient guarantees to ensure his presence during the proceedings.
11.  Appeals by the applicant were dismissed by the Skopje Court of Appeal (Апелационен суд Скопје, “the Court of Appeal”) on 8 February 2010. The Court of Appeal reiterated that the gravity of the charges, the severity of the penalty and the fact that the suspects had acted as a well‑organised group indicated a risk of flight and of reoffending if the applicant were to be released. It further held that there was a risk of interference with the investigation in view of the fact that some of the witnesses and suspects who were still at large had not yet been examined.
12.  On 22 February 2010 a three-judge panel ordered another thirty-day extension of the applicant’s pre-trial detention on the same grounds as before.
13.  On 23 March 2010 the applicant and the other suspects were indicted before the Skopje Court of First Instance. The applicant was charged with money laundering, abuse of office and extortion. In the course of the proceedings, the prosecutor withdrew the charge of abuse of office and amended the extortion charge to one of violence (насилство).
14.  On 24 March 2010 a three-judge panel ordered another thirty-day extension of the pre-trial detention of the applicant and other accused. The panel excluded the risk of interference with the investigation from the list of grounds for the detention since the investigation had been completed and an indictment lodged. It reiterated the arguments justifying the applicant’s detention on the grounds of the risk of absconding and reoffending.
15.  On 12 April 2010 the Court of Appeal partially overturned the panel’s decision in relation to its reliance on the possibility of reoffending. It held that there was no risk of reoffending given that the applicant and his co-accused had been detained. However, the Court of Appeal upheld the panel’s finding regarding the risk of absconding and held that a further extension of the detention order had been justified on the basis of the gravity of the charges and the potential penalty.
16.  Three-judge panels ordered further extensions of the pre-trial detention of the applicant and the other co-accused on 23 April, 19 May, 21 June, 22 July, 20 August, 20 September, 20 October, 18 November, 17 December 2010 and 17 January 2011. In each order the panel provided the following reasoning regarding the risk of absconding:
“The material and verbal evidence adduced so far corroborates the reasonable suspicion that the accused have committed the crimes with which they are charged. Having regard to the nature, character and type of offences with which the accused have been charged, as well as the gravity of the charges and the potential penalty ... the panel considers that there is a real risk of flight if the accused are released. The risk of flight is further supported by the financial circumstances of the [accused] ... [the applicant] ... has been in conflict with the law ... The panel has taken into consideration the fact that the accused have families and children, and that [the applicant] has immovable property in his name, but it considers that the accused’s family and material situation are insufficient guarantees of their presence at trial ...”
17.  The applicant appealed against the extension orders, arguing, inter alia, that the panels had not given sufficient reasons to substantiate the risk of his absconding, given that they had only relied on the gravity of the charges and the potential penalty. The panels had referred to his family situation and possessions, without providing an explanation for why they considered that those circumstances were not sufficient to guarantee his presence at trial. Lastly, the applicant sought his release and the replacement of the detention order with a more lenient measure, such as house arrest.
18.  The Court of Appeal dismissed the appeals, finding that the three‑judge panels had given sufficient reasons for the applicant’s continued detention. In decisions dated 13 May and 16 December 2010 the Court of Appeal stated:
“The court considers that the circumstances related to the type, gravity and the specific circumstances of the criminal offences with which the accused has been charged, the manner in which the criminal offences were committed and the potential penalty, indicate a risk of flight if the accused is released in order to avoid eventual criminal responsibility for the criminal offences in question, as the first-instance court rightfully decided, providing sufficient reasoning, which this court finds acceptable. In that connection, the allegations made by the accused in his appeal are of no relevance and cannot be accepted as sufficient evidence that the accused, if released, will not abscond.
In that connection, the court took into account the accused’s request to replace detention with house arrest or another, more lenient, measure ... but the court has dismissed that request because in its view, at this stage of the proceedings, custody in prison is the only effective measure to exclude the risk of the accused absconding ...”
19.  Meanwhile, the applicant made several unsuccessful applications for release on bail. On 14 May 2010 he applied to the Skopje Court of First Instance for the detention order to be replaced with release on bail. As a guarantee he offered immovable property owned by third persons, valued at an estimated 860,221 euros (EUR), and offered to give his passport to the court as a further guarantee.
20.  On 26 May 2010 a three-judge panel rejected the applicant’s bail application. On 3 June 2010 the Court of Appeal dismissed an appeal by the applicant and upheld the panel’s decision. It held that the guarantees offered by the applicant were not sufficient to ensure his presence during the proceedings, given the gravity of the charges, the potential penalty and the complexity of the proceedings, which involved many defendants and a large volume of evidence. It also took note of the fact that the applicant had been convicted at first-instance in a separate set of criminal proceedings on similar charges.
21.  On 23 July 2010 the applicant again applied for release on bail because his wife had had an operation and was unable to take care of their children. As security, he offered immovable property owned by third persons (accompanied by written statements by the owners certified by a notary public), whose value was estimated at EUR 1,230,614. Furthermore, another person offered to make a court deposit of EUR 100,000.
22.  On 6 August 2010 a three-judge panel refused the applicant’s request, finding that the nature and the amount of bail offered by the applicant did not offer sufficient guarantees for his presence during the proceedings. On 30 September 2010 the Court of Appeal dismissed an appeal by the applicant, relying on the gravity of the charges, the severity of the penalty and the complexity of the proceedings. It also took into account his previous history of being in conflict with the law and the fact that he had been convicted for similar offences by a first-instance judgment in another set of criminal proceedings.
23.  On 25 October 2010 the applicant again applied for release on bail. He offered security of immovable property owned by third persons of an estimated value of EUR 1,230,614 and a court deposit of EUR 110,000. On 10 November 2010 a three-judge panel once again refused his bail application, relying on the gravity of the charges and the potential penalty. Additionally, it stated that the applicant had already been convicted in a separate set of criminal proceedings and sentenced to an effective prison sentence, although that conviction was still under appeal. The fact that the applicant had a family and possessions in the respondent State could not provide sufficient guarantees of his presence during the proceedings. Lastly, the applicant was advised that he could lodge an appeal against the decision with the Court of Appeal.
24.  The applicant appealed against the panel’s decision. On 6 December 2010 the Skopje Court of Appeal upheld his appeal and overturned the panel’s decision. The court granted bail as requested and ordered the annulment of the applicant’s detention after the guarantee had been deposited. It further ordered that the applicant be put under house arrest. The Court of Appeal considered that the proposed bail was a sufficient guarantee of the applicant’s presence during the proceedings, given his personal circumstances and the gravity of the charges.
25.  On 9 December 2010 the public prosecutor lodged a request for the protection of legality (барање за заштита на законитоста) with the Supreme Court. On 10 December 2010 the Supreme Court granted the prosecutor’s request and overturned the Court of Appeal’s decision of 6 December 2010, declaring the applicant’s appeal inadmissible. The Supreme Court held that the Criminal Proceedings Act explicitly excluded the possibility of an appeal against a panel decision dismissing a request for release. Accordingly, the Court of Appeal had not been allowed by law to decide on the merits of the applicant’s appeal and should have rejected it as inadmissible.
26.  On 26 January 2011 the Skopje Court of First Instance convicted the applicant of the charges against him and sentenced him to twelve years’ imprisonment. The court also decided that he should remain in custody until the judgment had become final. The conviction was upheld on appeal.