Auszug aus EGMR, 31.05.2007 - 4657/02

The relevant domestic law and practice concerning the imposition of detention on remand (tymczasowe aresztowanie), the grounds for its prolongation, release from detention and rules governing other, so-called "preventive measures" (srodki zapobiegawcze) at the material time are stated in the Court's judgments in the cases of Kudla v. Poland [GC], no. 30210/96, §§ 75-79, ECHR 2000-XI; Baginski v. Poland, no. 37444/97, §§ 42-45, 11 October 2005; and Celejewski v. Poland, no. 17584/04, §§ 22-23, 4 August 2006.

Auszug aus EGMR, 31.05.2007 - 4657/02

As established in Neumeister v. Austria (judgment of 27 June 1968, Series A no. 8, p.37, § 4), the second limb of Article 5 § 3 does not give judicial authorities a choice between either bringing an accused to trial within a reasonable time or granting him provisional release pending trial.

Auszug aus EGMR, 31.05.2007 - 4657/02

Until conviction, he must be presumed innocent, and the purpose of the provision under consideration is essentially to require his provisional release once his continuing detention ceases to be reasonable (see McKay v. the United Kingdom [GC], no. 543/03, § 41, ECHR 2006-...).

Auszug aus EGMR, 31.05.2007 - 4657/02

The relevant domestic law and practice concerning the imposition of detention on remand (tymczasowe aresztowanie), the grounds for its prolongation, release from detention and rules governing other, so-called "preventive measures" (srodki zapobiegawcze) at the material time are stated in the Court's judgments in the cases of Kudla v. Poland [GC], no. 30210/96, §§ 75-79, ECHR 2000-XI; Baginski v. Poland, no. 37444/97, §§ 42-45, 11 October 2005; and Celejewski v. Poland, no. 17584/04, §§ 22-23, 4 August 2006.