5.  The applicant was born in 1987 and lives in Vilnius.
6.  On 11 May 2009 the State criminal police bureau started a pre‑trial investigation into allegations that an armed criminal organisation was active in Vilnius Region. It was suspected that the said organisation possessed and distributed large amounts of narcotic and psychotropic substances, and that it was also engaged in other criminal activities, such as violent assaults, unlawful deprivation of liberty and extortion.
7.  In the context of that investigation, on 15 December 2009 the applicant was arrested near his parents’ apartment in Vilnius. He was questioned and officially notified that he was suspected of participating in a criminal organisation armed with firearms (Article 249 § 2 of the Criminal Code) and possession of a large amount of narcotic and psychotropic substances with the intention to distribute them (Article 260 §§ 1 and 2 of the Criminal Code).
8.  On 16 December 2009 the Vilnius City First District Court authorised the applicant’s detention on remand for three months. The court considered that the available evidence (testimonies of witnesses and other suspects and other data collected by the authorities) was sufficient to hold that the applicant may have committed the crimes of which he was suspected. It held that the applicant might try to abscond because he was suspected of serious and very serious crimes which could lead to life imprisonment, he was unemployed, not enrolled in an educational institution, not married and had no strong social ties. The court also found that the applicant might interfere with the criminal investigation or commit further crimes because the crimes of which he was suspected had been well-organised and not spontaneous. Lastly the court noted that the pre-trial investigation was ongoing (see paragraph 40 below) and the remaining investigative actions had to be carried out urgently, so the applicant’s detention was necessary to ensure the unimpeded course of the investigation.
9.  The applicant appealed against that decision and asked the court to impose a different restrictive measure. He argued that the allegations against him were unfounded. He also submitted that there was no risk of him absconding because in another criminal case, in which he was accused, he had been prohibited from leaving his home for more than seven days in a row and he was complying with that restriction. The applicant further submitted that in the past he had always complied with similar restrictions of movement which had been imposed on him in other pre‑trial investigations. He stated that he had a permanent place of residence with his parents and that he had been taking care of his sick grandmother, so detaining him would negatively affect his family. The applicant also contended that he was young, that he used to work until the deterioration of the economic situation in Lithuania, and that he had no prior convictions, so there were no grounds to find that he might commit further crimes. Lastly the applicant submitted that all the witnesses in the investigation had already been questioned, so there was no possibility for him to interfere with the ongoing investigation.
10.  However, on 12 January 2010 the Vilnius Regional Court dismissed the applicant’s appeal. It firstly noted that when ordering detention on remand, a court was not establishing the applicant’s guilt, and thus the standard of evidence required for detaining him was lower. The Vilnius Regional Court then found that the first-instance court had correctly assessed all the relevant circumstances, and upheld its findings in their entirety.
11.  On 16 March 2010 the Vilnius City First District Court extended the applicant’s detention for a further three months. It relied on the same grounds as in its previous decision (see paragraph 8 above). In addition, the court noted that the case against the applicant was complex and of a large scale, and that the investigative actions were being carried out without undue delays (see paragraph 40 below).
12.  The applicant appealed against that decision, submitting essentially the same reasons as in his previous appeal (see paragraph 9 above). However, on 14 April 2010 the Vilnius Regional Court dismissed the appeal and upheld the lower court’s findings that the applicant might flee, attempt to interfere with the investigation or commit further crimes, that the criminal case was complex, and that the pre-trial investigation was being carried out with due diligence (see paragraph 40 below).
13.  On 11 June 2010 the Vilnius Regional Court, acting as a court of first instance, extended the applicant’s detention for a further three months. In addition to reiterating the findings of the previous court decisions (see paragraphs 8 and 11 above), it noted that the applicant had a prior conviction and that he was suspected of leading a criminal organisation, so there were grounds to believe that he might commit further crimes. The court also found that the pre-trial investigation concerned more than fifty suspects and that it was being carried out diligently and without undue delays (see paragraph 40 below).
14.  On 30 June 2010 the Court of Appeal dismissed the applicant’s appeal. It reiterated that there had been sufficient evidence (such as testimonies of witnesses and other suspects, results of eyewitness identification, and other data collected by the authorities) to believe that the applicant might have committed the crimes of which he had been suspected. The Court of Appeal quashed the lower court’s conclusion that the applicant might interfere with the investigation, holding that it was unsubstantiated. However, it accepted that the applicant might abscond because he was suspected of serious and very serious deliberate crimes which could lead to life imprisonment, and because he had no legal source of income or strong social ties. The Court of Appeal also held that the applicant might commit further crimes because he was suspected of having committed multiple crimes while participating in a criminal organisation which, allegedly, had been his main source of income.
The Court of Appeal observed that, in accordance with the domestic law, detention on remand could last longer than six months only when the case was especially complex or of a large scale. It found that those two conditions had been met in the applicant’s case: the investigation concerned multiple criminal offences committed in a criminal organisation, there was a large number of suspects, and it was necessary to carry out numerous investigative actions, so the case could be considered especially complex and of a large scale. The Court of Appeal also noted that the pre‑trial investigation had been conducted with due diligence: after the last decision to extend the applicant’s detention, the police had questioned additional witnesses and the applicant himself, conducted eyewitness identification, ordered forensic examinations of various objects, and carried out other investigative actions in respect of the other suspects (see paragraph 40 below).
Lastly the court held that the applicant’s personal circumstances, such as his age, family situation, or restrictive measures imposed on him in other cases, could not be considered as “having a special priority” (išimtinai prioritetiniai) which could “outweigh the public interest” and justify releasing him from detention.
15.  On 14 September 2010 the Vilnius Regional Court extended the applicant’s detention for a further three months. It relied on essentially the same grounds (see paragraph 14 above), additionally finding that the applicant had connections to foreign countries which could facilitate his absconding. The court also held that the number and nature of the allegations against the applicant indicated that he was dangerous. Lastly it noted that over fifty suspects had been arrested in the case and that numerous investigative actions were still being carried out (see paragraph 40 below). As a result, the Vilnius Regional Court concluded that the applicant’s continuing detention was necessary in order to ensure his participation in the criminal proceedings and the unhindered course of the investigation, as well as to prevent the commission of further crimes.
It appears that the applicant did not appeal against that decision.
16.  On 20 September 2010 the applicant was officially notified that he was suspected of leading a criminal organisation armed with firearms (Article 249 § 3 of the Criminal Code) and possession of a very large amount of narcotic and psychotropic substances with the intention to distribute them (Article 260 § 3 of the Criminal Code).
17.  On 3 December 2010 the prosecutor charged the applicant with the aforementioned crimes (see paragraph 16 above), and the case was referred to the Vilnius Regional Court for examination on the merits.
18.  On 13 December 2010 the Vilnius Regional Court extended the applicant’s detention for a further three months, reiterating the findings of the previous decisions (see paragraphs 14 and 15 above). It also noted that the criminal organisation in question had been operating for a long time, it had been armed with firearms and had committed numerous well-organised crimes which had allegedly been a source of income for its members. Since the applicant was suspected of leading that organisation and participating in multiple crimes, and since he was unemployed, not enrolled in an educational institution and not married, the court considered that he was “not prone to following socially accepted rules of behaviour” (nelinkęs laikytis visuomenėje priimtų elgesio normų ir taisyklių).
19.  On 10 January 2011 the Court of Appeal dismissed the applicant’s appeal, relying on essentially the same grounds as before (see paragraphs 14, 15 and 18 above). It also underlined that after the case had been referred to the first-instance court for examination on the merits, the law had no longer established the maximum length of detention; however, it had to be compatible with the grounds and procedures provided for by law (see paragraphs 46-51 below). The Court of Appeal held that, in the light of the charges against the applicant, the protection of the public interest in his case outweighed his right to liberty.
20.  In separate criminal proceedings, on 25 February 2011 the Vilnius City Second District Court convicted the applicant of engaging in public violence when using firearms under Article 283 § 2 of the Criminal Code. He was given a suspended prison sentence of two years and one month. On 5 April 2012 the Vilnius Regional Court upheld the conviction.
21.  On 10 March 2011 the Vilnius Regional Court extended the applicant’s detention for a further three months on essentially the same grounds as before (see paragraphs 14, 15 and 18 above). It appears that the applicant did not appeal against that decision.
22.  On 2 June 2011 the prosecutor, on the basis of the information collected during the pre-trial investigation, started a separate pre‑trial investigation against the applicant. The second investigation concerned allegations of production of a counterfeit electronic means of payment; fraudulently acquiring another person’s property; unauthorised possession of firearms, ammunition or explosives; destruction of or damage to other person’s property; murder for personal gain; unlawful deprivation of liberty using violence; and violation of public order (Articles 214 § 1, 182 § 1, 253 § 1, 187 § 1, 129 § 2 (9), 146 § 2 and 284 § 1 of the Criminal Code, respectively). On 29 July 2011 the prosecutor issued an indictment against the applicant in respect of those charges and the case was referred to the Vilnius Regional Court for examination on the merits.
23.  The Vilnius Regional Court extended the applicant’s detention for a further three months on 13 June 2011 and 14 September 2011, relying on essentially the same grounds as before (see paragraphs 14, 15 and 18 above).
24.  On 14 October 2011 the Court of Appeal dismissed the applicant’s appeal. It reiterated that there was sufficient evidence to believe that he had committed the crimes with which he had been charged, and upheld the lower court’s findings that the applicant might flee. The Court of Appeal emphasised that the applicant had a prior conviction, that he was accused of participating in a criminal organisation and of having a leading role in the commission of multiple crimes, and that there was no information that he had ever had a legal source of income. Accordingly, the Court of Appeal considered that there were sufficient grounds to believe that the applicant might commit further crimes, so his continued detention was necessary.
25.  The Vilnius Regional Court extended the applicant’s detention for a further three months on 12 December 2011 and 5 March 2012 on essentially the same grounds as before (see paragraphs 14, 15, 18 and 24 above).
26.  On 28 March 2012 the Court of Appeal dismissed the applicant’s appeal and upheld the lower court’s findings that the applicant might flee or commit new crimes. It also noted that the criminal case was very complex and of a large scale: there were twenty-seven defendants, and the case file at that time consisted of seventy-six volumes. Thus, the Court of Appeal concluded that although the applicant had been detained for a very long time (two years and three months), the complexity and scope of the case made his detention essential for ensuring the unimpeded course of the criminal proceedings.
27.  From June to December 2012 the Vilnius Regional Court extended the applicant’s detention every three months and the Court of Appeal dismissed his subsequent appeals, relying on essentially the same grounds as in previous court decisions (see paragraphs 14, 15, 18, 24 and 26 above).
28.  On 14 January 2013 the Court of Appeal, when dismissing an appeal by the applicant, emphasised that the case had been referred to the first‑instance court for examination on the merits and at that stage of the proceedings the maximum length of detention was not established either in domestic law or in the Convention or the Court’s case-law. It reiterated that the case against the applicant was complex and of a large scope – the case file at that time consisted of seventy-nine volumes. The Court of Appeal also considered that there had not been any undue delays in the examination of the case before the first-instance court. It dismissed as unsubstantiated the applicant’s argument that after a lengthy period of detention he no longer had any motivation to flee or commit further crimes.
29.  In unrelated criminal proceedings, on 6 February 2013 the Šiauliai Regional Court convicted the applicant of unlawful deprivation of liberty by using violence under Article 146 § 2 of the Criminal Code and sentenced him to seventy-five days of detention.
30.  The Vilnius Regional Court extended the applicant’s detention for a further three months on 8 March 2013 and 13 June 2013, relying on essentially the same grounds as before (see paragraphs 14, 15, 18, 24 and 26 above) and additionally noting that the applicant was accused of serious crimes in another criminal case as well. On 3 July 2013 the Court of Appeal dismissed the applicant’s appeal, reiterating, inter alia, the scope and complexity of the criminal case and noting that the case file at that time consisted of eighty-one volume.
31.  On 11 September 2013 the Vilnius Regional Court refused to extend the applicant’s detention. It noted that the applicant had been detained for more than three years, so the initial grounds – such as the possibility that he might flee or commit further crimes – could no longer justify his continued detention. The court also observed that all the witnesses and most of the co‑accused in the case had already been questioned, so it was no longer necessary to keep the applicant in detention.
32.  The Vilnius Regional Court released the applicant immediately and placed him under house arrest (see paragraph 52 below). The applicant’s passport and driver’s licence were taken and he was prohibited from leaving his home between 10 p.m. and 8 a.m., from visiting public places, except for medical institutions and shops, and from contacting the other defendants in the criminal case. According to the applicant, he complied with all those conditions and soon after his release he found a job as a security guard.
33.  On 24 September 2013 the Court of Appeal, following an appeal by the prosecution, quashed the lower court’s decision to release the applicant from detention, finding that the latter had erred in concluding that the detention was no longer justified. The Court of Appeal held that there were sufficient grounds to believe that the applicant might flee because he was facing a very severe punishment and had no strong social ties. It also held that the applicant might commit further crimes because he had allegedly been the leader of a criminal organisation, had been suspected of committing crimes for personal gain, and had had several prior convictions, all of which contributed to a “negative description of his personality” (neigiamai charakterizuoja kaltinamojo asmenybę). Although the court acknowledged that the applicant had been detained for a very long time (more than three years and six months), it reiterated that the public interest outweighed individual liberty, so the nature and seriousness of the charges against the applicant justified keeping him in detention. Lastly the Court of Appeal noted that the maximum length of detention during the examination of the case before the first-instance court was not established either in domestic law or in the Convention, so the necessity of extending detention had to be assessed on a case-by-case basis. In the applicant’s case, the court considered that the scope of the case (twenty-seven defendants and, at that time, eighty-two volumes of case-file material) and the complexity of the investigation justified the applicant’s continued detention. Accordingly, the Court of Appeal extended the detention for three months.
34.  On 17 October 2013 the Vilnius Regional Court found that the applicant had been detained on remand in another criminal case (see paragraph 38 below). It held that it was unnecessary to order detention in two separate cases and thus quashed the applicant’s detention. However, on 5 November 2013 the Court of Appeal quashed that decision, finding that the grounds for detention established in its decision of 24 September 2013 (see paragraph 33 above) remained valid.
35.  On 20 December 2013 the Vilnius Regional Court again found that the applicant had been detained on remand in another criminal case and thus revoked his detention. However, on 7 January 2014 the Court of Appeal quashed that decision. It held that the applicant could be released only when the grounds for his detention had ceased to pertain, but the Vilnius Regional Court had not examined that. The Court of Appeal underlined that there was sufficient evidence (such as the testimonies of other defendants, eyewitness identification, surveillance data, expert reports, and other material in the case file) that the applicant might have committed the crimes with which he was charged. Then the court re-examined its previous findings concerning the need to keep the applicant in detention (see paragraph 33 above) and concluded that they were still valid. As a result, the Court of Appeal extended the applicant’s detention for a further three months.
36.  On 28 March 2014 the Vilnius Regional Court extended the applicant’s detention for a further three months. It relied on essentially the same grounds as the Court of Appeal in its previous decisions (see paragraphs 33 and 35 above), also noting that the applicant had connections abroad, which might facilitate his absconding. The Vilnius Regional Court also considered that the nature and seriousness of the charges against the applicant, as well as his personal character, indicated that he was especially dangerous to society and thus the commission of further crimes could not be prevented by less restrictive measures.
37.  On 15 April 2014 the Court of Appeal dismissed the applicant’s appeal and upheld the findings of the lower court. It reiterated that neither domestic law nor the Convention established the maximum duration of detention during the examination of a case before a first-instance court. The court considered that the circumstances of the applicant’s case – such as the number, nature and seriousness of the charges against him, as well as the fact that proceeds of crime had allegedly been his main source of income ‑ required prioritising the protection of the public interest over the applicant’s individual liberty. Therefore, the Court of Appeal held that even the lengthy total period of the applicant’s detention was in compliance with domestic law and the Convention.
38.  In separate criminal proceedings, on 22 May 2014 the Vilnius Regional Court convicted the applicant of unauthorised possession of firearms, ammunition or explosives, destruction of or damage to other persons’ property, murder for personal gain, unlawful deprivation of liberty using violence, and violation of public order (Articles 253 § 1, 187 § 1, 129 § 2 (9), 146 § 2 and 284 § 1 of the Criminal Code, respectively). The applicant was sentenced to ten years and six months’ imprisonment, after deducting the time spent in pre-trial detention from 1 October 2013 to 1 April 2014 which had been ordered in that case.
The applicant appealed against his conviction. According to the latest information submitted to the Court, at the time of the present judgment his appeal was still pending because the appellate court had decided to re‑examine the evidence in the light of new material.
39.  On 30 June 2014 the Vilnius Regional Court revoked the applicant’s detention order on the grounds that on 22 May 2014 he had been convicted in another criminal case (see paragraph 38 above).
40.  From the applicant’s arrest on 15 December 2009 (see paragraph 7 above) to the completion of the pre-trial investigation on 3 December 2010 (see paragraph 17 above), the authorities conducted five interviews with the applicant, searched his home twice, seized and examined his car, computer and other belongings, ordered two forensic examinations of various seized items, sent four requests for information to telecommunications providers, carried out secret-surveillance activities, conducted an eyewitness identification of the applicant, and interviewed around fifty witnesses and other suspects.
41.  From the transfer of the case to the Vilnius Regional Court for examination on the merits on 3 December 2010 (see paragraph 17 above) to the applicant’s conviction in separate criminal proceedings on 22 May 2014 (see paragraph 38 above), a total of fifty-seven hearings were scheduled on a monthly or nearly monthly basis, and twenty-six of those hearings were adjourned:
(a)  From 3 December 2010 to 31 March 2011 two hearings were scheduled but both were adjourned;
(b)  From 1 April 2011 to 22 June 2011 six hearings were held;
(c)  From 23 June 2011 to 7 December 2011 five hearings were scheduled but all were adjourned;
(d)  From 8 December 2011 to 14 June 2012 twelve hearings were scheduled and nine of them were held;
(e)  From 15 June 2012 to 3 October 2012 one hearing was scheduled but it was adjourned;
(f)  From 4 October 2012 to 29 November 2012 five hearings were scheduled and four of them were held;
(g)  From 30 November 2012 to 3 March 2013 two hearings were scheduled but both were adjourned;
(h)  On 4 and 25 of March 2013 two hearings were scheduled and both were held;
(i)  From 26 March 2013 to 6 October 2013 six hearings were scheduled but all were adjourned;
(j)  From 7 October 2013 to 25 November 2013 six hearings were scheduled and five of them were held;
(k)  From 26 November 2013 to 16 February 2014 four hearings were scheduled but all were adjourned;
(l)  From 17 February 2014 to 22 May 2014 six hearings were scheduled and five of them were held.
42.  The main reasons for adjournment were the failure of the co‑accused or witnesses to appear, and in some of those instances the court ordered a search for them or imposed additional restrictive measures. During the thirty-one hearings which were held, the court heard over fifty testimonies of the co-accused and witnesses, read out the case material, played audio and video recordings, and examined applications lodged by the prosecutor and some of the co-accused.
43.  On 12 June 2015 the Vilnius Regional Court convicted the applicant of leading a criminal organisation armed with firearms and possession of a very large amount of narcotic and psychotropic substances with the intention to distribute them (Articles 249 § 3 and 260 § 3 of the Criminal Code, respectively). The applicant was sentenced to thirteen years’ imprisonment, after deducting the time spent in pre-trial detention from 15 December 2009 to 11 September 2013 and from 24 September 2013 to 30 June 2014.
The applicant appealed against his conviction. According to the latest information submitted to the Court, at the time of the present judgment his appeal was still pending.
44.  On 23 September 2016 the Court of Appeal released the applicant on bail. The court observed that the applicant’s conviction by the first-instance court (see paragraph 38 above) had not yet become final because the appellate proceedings were pending, and those proceedings would likely last a long time. The court also noted that the applicant had already been detained for more than six years, which amounted to nearly two thirds of his sentence (see paragraph 38 above). The Court of Appeal set bail at 5,000 euros (EUR), prohibited the applicant from leaving his home, visiting certain public places, contacting the other co-accused, and leaving Lithuania, and ordered him to report to a local police station twice a week.