6.  The applicant was born in 1990 and lives in Budapest.
7.  On 22 March 2013 the police started investigating a case of armed home invasion in Budapest committed by three men wearing balaclavas. The crime was initially considered to constitute aggravated armed robbery committed by unknown perpetrators.
8.  Close to the crime scene, the police spotted and halted a car for checking. After a short chase, they apprehended the driver, K.I., but the other passenger fled.
9.  In the car and in K.I.’s clothing, the police found and seized some of the valuables taken in the robbery as well as the applicant’s identity card and mobile telephone.
10.  On the same day the police searched the applicant’s house but did not find anything relating to the robbery.
11.  In his testimony K.I., a man with numerous past convictions, said that the person who had been with him in the car and run away was not the applicant. None of the police officers involved could positively identify the fugitive.
12.  On 25 March 2013 the police issued a warrant for the applicant’s arrest.
13.  The applicant turned himself in on 3 April 2013, after learning of the arrest warrant. He was arrested on suspicion of armed robbery.
14.  A public defender appointed for him failed to attend his questioning held on the same day. The applicant denied any involvement in the robbery and contested the accusations. A related complaint by him was dismissed by the Budapest Chief Public Prosecutor’s Office, who found that the reasonable suspicion against him was supported by the police report, the seized items and witness statements.
15.  On 6 April 2013 the applicant’s pre-trial detention was ordered on charges of armed robbery under Article 129 § 2 (a) to (d) of the Code of Criminal Procedure by the Pest Central District Court. Referring to police reports, an on-site examination, witness testimonies, decisions on seizure and examinations of various exhibits, the court agreed with the prosecution concerning the reasonable suspicion. It held that pre-trial detention was necessary because the applicant had fled from the police and then turned himself in, but only to avoid criminal liability. Indeed, there was a considerable risk of his absconding. Furthermore, there was evidence that he had tried to influence witnesses to procure an alibi, since the witnesses he had suggested had given false statements about his whereabouts during the robbery. Considering that there was another criminal investigation ongoing against the applicant on a charge of abduction of vehicle and the fact that he had no regular income or employment, there was also a risk of his reoffending. However, the authorities had not disclosed any evidence supporting the applicant’s actual involvement in the robbery.
16.  The public defender failed to attend the hearing.
17.  On 15 April 2013 the Budapest High Court dismissed an appeal brought by the applicant, without hearing him in person. It reiterated the reasoning of the first-instance court.
18.  Subsequently, the prosecution applied to have the applicant’s detention extended. The application was served on the applicant on 3 May 2013; and on the same day the court extended his detention until 6 August 2013. Consequently, he did not have any opportunity to make any comments on the application. The court maintained its previous reasons justifying the need for his detention and emphasised that the investigation regarding a third suspect was still ongoing, so that if released the applicant might jeopardise the procedure. The court took into account that an arrest warrant had had to be issued for the applicant, who was otherwise unemployed, had no apparent source of income and who was also the subject of another criminal investigation. The court held that there was a risk of his absconding (owing to the severity of the possible punishment), reoffending (owing to his unsettled personal circumstances) and interfering with the investigation (if he were to collude with the third suspect). The court added that there was indication that the applicant had tried to secure an alibi while on the run from the police.
19.  On 5 June 2013 the Budapest High Court dismissed an appeal brought by the applicant, agreeing with the first-instance decision.
20.  On 23 July 2013 a lawyer appointed by the applicant applied for his release, arguing that the authorities had not disclosed any evidence that might serve as the basis for the court’s order. He challenged the existence of any reasonable suspicion, emphasising that the applicant had voluntarily gone to the police and submitting documents showing that the applicant’s mother was willing to pay for his living expenses.
21.  On 30 July 2013 the prosecution applied to extend the applicant’s detention. The application was served on the applicant’s lawyer on 31 July 2013, the day before the court extended the applicant’s detention until 6 October 2013. The court simultaneously refused the application for release, without hearing the applicant in person. It considered that the reason for which he had surrendered to the police was only to escape punishment. The court considered that his mother’s undertakings would not eliminate the risk of his absconding or reoffending. It reiterated that the extension was justified because the applicant had previously fled from the police and might influence witnesses, given his previous attempt to secure an alibi. It also referred to the impending severe punishment and the risk of his reoffending.
22.  On 15 August 2013 the Budapest High Court dismissed an appeal brought by the applicant, without hearing him in person.
23.  On 3 October 2013 the Buda Central District Court extended the applicant’s detention until 6 January 2014 under Article 129 § 2 (b) to (d) of the Code of Criminal Procedure. Referring to police reports, the on-site examination, witness testimony and various exhibits, the court found it established that, contrary to the applicant’s argument, there was a reasonable suspicion that he had committed the crime. As regards the specific grounds of his pre-trial detention, the court no longer referred to the fact that he had fled, since he had then voluntarily appeared before the police. It did however repeat the other reasons. To show that there was a risk of his reoffending, the court noted that prior to the opening of the investigations, the applicant had only been employed for a short period of five months, that he had not been living with his parents but probably with some friends, that on 3 May 2013 he had already been sentenced for the offence of larceny, and that currently he was under investigation in yet another criminal case on a charge of abduction of vehicle. The court held that the applicant had not managed to demonstrate to its satisfaction that his personal circumstances were stable. As regards collusion, the court reiterated that the third suspect’s identity had not been established and that some of the stolen goods were still missing.
24.  Both the applicant and his lawyer were present at the hearing.
25.  On 11 October 2013 the Budapest High Court upheld this decision. It also stated that less restrictive measures such as house detention or house arrest were not applicable in the applicant’s case, since they would not eliminate the risk of his colluding, reoffending and absconding.
26.  On 3 January 2014 the Buda Central District Court extended the applicant’s detention until 6 April 2014 under Article 129 § 2 (b) to (d) of the Code of Criminal Procedure. As regards the applicant’s argument that he had not been provided with evidence of a reasonable suspicion against him, the court held that suspects could inspect documents if it was not contrary to the interests of the investigation. As regards the specific grounds of his pre-trial detention, the court repeated its previous reasons. It held that given the risk of his absconding, no less restrictive measure would suffice in his case.
27.  Both the applicant and his lawyer were present at the hearing.
28.  On 9 January 2014 the Budapest High Court upheld this decision.
29.  On 30 January 2014, relying on, inter alia, Article 6 § 1 of the Convention, the applicant applied for disclosure of the evidence serving as the basis for his pre-trial detention. The Budapest Chief Public Prosecutor’s Office dismissed his application, pointing out that the investigation was still pending.
30.  On 26 March 2014 the applicant applied for release. In his application he complained that he had still not been provided with any evidence justifying his pre-trial detention. The expert opinions obtained by the authorities and forwarded to him did not contain anything supporting his involvement in the crime. He also attached documents proving that his mother, who was willing to pay for his living expenses, had a sufficient income.
31.  On 3 April 2014 the Budapest High Court dismissed the applicant’s application for release and extended his detention until 6 June 2014. While referring to the Court’s case-law, the court maintained that the detention was still necessary because of the risk of his reoffending (Article 129 § 2 (d) of the Code of Criminal Procedure). It considered that the applicant’s absconding for two weeks and failed attempt to secure a false alibi, which both occurred at the beginning of the proceedings, could not be held against him when assessing the future risks if he was released. It also noted that the investigation was almost at an end and, in view of the nature of the investigatory steps yet to be carried out, it found it implausible that the applicant could interfere with its outcome. The High Court therefore held that neither the risk of the applicant’s absconding nor his interfering with the investigation was real. However, noting the other pending case conducted against the applicant and his failed attempt to have secured a false alibi and, moreover, considering the “professional” nature of the crime and his unsettled personal circumstances, the court held that the most severe coercive measure should continue to be applied on account of the risk of his reoffending.
32.  On 18 April 2014 the Budapest Court of Appeal upheld the decision to extend his detention on the basis that there was a risk of his reoffending, absconding and jeopardising the investigation by influencing witnesses (Article 129 § 2 (b) to (d) of the Code of Criminal Procedure). The court held that the impending severe punishment in itself showed that there was a risk of his absconding. Furthermore, the fact that his attempt to influence witnesses dated back to a year before did not remove the risk of collusion, especially since the third alleged perpetrator was still at large and remained unidentified.
33.  On 29 May 2014 the applicant applied for release again, pointing out that there was no evidence that might support his involvement in the robbery. He argued that because the investigation had already been terminated, the risk of his jeopardising it was obsolete. He also argued that the impending severe punishment could not, in itself, justify his detention. He submitted a statement saying that a company intended to employ him after release.
34.  On 5 June 2014 the Budapest High Court extended the applicant’s detention until 6 August 2014 under Article 129 § 2 (d) of the Code of Criminal Procedure (risk of reoffending), pointing out the “professional” manner in which the crime had been committed. It found that the other grounds of detention were not established in the case.
35.  The applicant and his lawyer were present at the hearing. The applicant’s lawyer pointed out again that neither him, nor the applicant had access to the investigation file and thus could not have knowledge of the evidence substantiating the reasonable suspicion of him having committed a crime. He argued that access to such evidence was more relevant in the investigation phase than following the submission of the bill of indictment.
36.  The applicant appealed, emphasising that the “professional” manner had not even been mentioned in the public prosecutor’s request to have his detention extended.
37.  On 19 June 2014 the Budapest Court of Appeal upheld the lower court’s decision under Article 129 § 2 (b) to (d) of the Code of Criminal Procedure (risk of absconding, jeopardising the investigation and reoffending).
38.  On 8 July 2014 the Budapest Chief Public Prosecutor’s Office preferred a bill of indictment, as the investigation had been terminated.
39.  On 21 July 2014 the Budapest High Court extended the applicant’s detention until the date of the first-instance court’s judgment, under Article 129 § 2 (b) and (d) of the Code of Criminal Procedure (risk of absconding and reoffending). Without hearing from the applicant, the court pointed out that the severity of a potential punishment was not in itself sufficient to establish a risk of a person absconding; however, the applicant’s personal circumstances, such as him being unreachable even to his family members, showed that such a risk existed. Furthermore, the professional manner in which the crime had been committed, in particular its organised nature and the number of people involved, supported the conclusion that there was a risk of his reoffending. Since the investigations had been closed, the court did not find a risk of collusion established.
40.  On 1 August 2014 the applicant appealed, arguing that none of the evidence made available to him supported the claim that he was the person who had escaped police arrest, and none of the involved police officers could identify him. He also argued that, in respect of the other criminal investigation against him, no actual prosecution had taken place, so those proceedings could not be taken into account when evaluating the risk of his reoffending.
41.  On 10 September 2014 the Budapest Court of Appeal dismissed the applicant’s appeal, adding that a risk of collusion had also been established in his case.
42.  On 13 November 2014 a third suspect was apprehended.
43.  On 15 January 2015, six months after the indictment, the Budapest High Court reviewed the applicant’s pre-trial detention under Article 132 § 1 (a) of the Code of Criminal Procedure and extended it until the delivery of the first-instance judgment. Giving the same reasons as previously, the court again stated that there was a reasonable suspicion that the applicant had committed the offences with which he had been charged, a risk that he might abscond and obstruct the proceedings (Article 129 § 2 (b) of the Code of Criminal Procedure) and a risk that he would reoffend (Article 129 § 2 (d)). The court added that two additional suspects were likely to be indicted and, given the applicant’s previous attempt to influence a witness, the risk of collusion (Article 129 § 2 (c) of the Code of Criminal Procedure) was also there.
44.  The public prosecutor’s application was served on the applicant some days after the detention decision had already been taken.
45.  The first-instance decision was upheld by the Budapest Court of Appeal on 17 February 2015.
46.  On 20 April 2015 the third suspect and yet another person were also indicted by the Budapest Chief Public Prosecutor’s Office.
47.  On 29 July 2015 the Budapest Appeal Court carried out the yearly review of the applicant’s pre-trial detention. Giving the same grounds as previously, the court extended the measure until the delivery of the first-instance judgment.
48.  Meanwhile, the case against the applicant and K.I. was brought to trial. The first hearing before the trial court took place on 19 September 2014. The Budapest High Court held further hearings on 13 November 2014, 15 January, 7 April, 19 June, 15 September, 7 October, 3 November, 1 and 21 December 2015, 9 February and 23 March 2016. Apparently from the indictment of 20 April 2015 onwards, the trial involved the other two suspects as well.
49.  On 23 March 2016 the Budapest High Court gave judgment, whose reasoning consisted of 63 pages. It concerned the applicant, K.I. and the two other suspects. The applicant was convicted of robbery and illegally entering a private property and sentenced to nine years’ imprisonment. On the same day the High Court extended his custody until the closure of the second-instance proceedings. This decision was upheld by the Budapest Court of Appeal on 14 June 2016.
50.  The second-instance trial is still pending.