Facts of the case Ž. v .Latvia

 

The applicant, Ž., is a Latvian national who was born in 1959 and has four previous convictions, including those for sex offences.

On 18 November 2000 the applicant, being under the influence of alcohol , raped a minor female. Shortly after committing the crime, the applicant was arrested by police officers, and a narcotic substance- heroin was found on his person.

On 21 November 2000, a judge of the Zemgale District Court of the City of Riga, as a preventive measure, decided to detain the applicant on remand. By decisions of the Zemgale District Court of the City of Rīga, the terms of the applicant's detention on remand were extended several times. The applicant did no appeal against any of these decisions before the Riga Regional Court. The applicant's detention on remand was last extended until 15 May 2001. 

On 31 May 2001, the applicant's criminal case was transferred to the Rīga Regional Court for adjudication. On 4 June 2001, the Court committed the applicant for trial. The preventive measure, detention on remand, was left unchanged, and no substantiation was provided.

In total, the length of the applicant's detention on remand was two years, four months and nine days, of which the applicant spent in detention one year, eight months and twenty three days without an opportunity to ascertain whether the detention, from the transferral of the case to the court until the delivery of the judgment by the first instance court, had been legitimate.

The consideration of the applicant's criminal case on its merits was opened on 2 July 2002. However, the examination of the case was adjourned several times due to the absence of witnesses.  

Finally, on 27 March 2003 the Riga Regional court found the applicant guilty of the rape of a female minor and of unauthorised acquisition, storage and conveyance of narcotic and psychotrophic substances, and sentenced him to eight years' imprisonment, as well as three years' under police supervision and confiscation of property.

On 11 December 2003, the Criminal Chamber of the Supreme Court dismissed the applicant's appeal. The applicant then submitted an appeal to the Senate of the Supreme Court. On 22 March 2004, the Senate of the Supreme Court dismissed the applicant's cassation appeal, without committing the applicant's case for trial.