Lindtner: Constitutional Court Ruled Supreme Court Violated Rights of Daniel B.
Bratislava, 1 April (TASR) - The Constitutional Court has ruled that the Supreme Court's lengthy proceedings violated Daniel B.'s [name abbreviated due to legal reasons] fundamental right to personal liberty under the Constitution, as well as his right to liberty and security under the Convention for the Protection of Human Rights and Fundamental Freedoms, TASR has learnt from Daniel B.'s attorney David Lindtner.
Recently found guilty of all extremism-related charges against him, Daniel B. remains in custody despite the Constitutional Court's decision and a suspended prison sentence, which is not yet final, said Lindtner.
The Constitutional Court declined to provide information on the submissions and proceedings involving specific individuals in order to protect the appellants' rights and interests protected by law, TASR was told by its spokesperson Martina Ferencova.
Lindtner stated that "with this ruling, the Constitutional Court upheld the defence's arguments challenging the Supreme Court's procedures via a constitutional complaint".
Due to the Supreme Court's conduct, there was no valid custody order to cover Daniel B.'s detention for a period of three and a half months, so the Supreme Court also denied his right to request release from custody on a monthly basis. This right is guaranteed under the Code of Criminal Procedure to every person remanded in custody.
On 10 March, the Specialised Criminal Court in Pezinok found Daniel B. guilty of all charges related to several extremist criminal offences and imposed a suspended prison sentence of three years with a probation period of four years. The verdict was not final. Prosecutor Michal Stanislav and Daniel B. both appealed against all parts of the ruling.