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Butkevičius v. Lithuania

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There had been no “lawful” basis for the applicant's remand in custody under Article 5, Section 1 of the Convention for the periods from 30 November to 8 December 1997, and from 31 December 1997 until 8 January 1998. Furthermore, the domestic courts, in their decisions authorising the applicant's remand in custody or rejecting his requests for release, gave no reply to his numerous complaints about the unlawfulness of his detention from 30 November to 8 December 1997, and from 31 December 1997 until 8 January 1998.

While the remarks of the Chairman of the Parliament were in each case brief and made on separate occasions, they amounted to declarations by a public official of the applicant's guilt, which served to encourage the public to believe him guilty and prejudged the assessment of the facts by the competent judicial authority.


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