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17 Hum. Rts. Case Dig. 5 (2006-2007)

handle is hein.journals/hurcd17 and id is 1 raw text is: 17 HRCD [L.oo6--0071

Presumption of innocence - violation                Article 6, Section 2
Court's statement of the applicant's guilt at the moment of ordering his extended detention
on remand.
In a judgment delivered on i9 September zoo6 in the case of Alatjaeviv. Serbia,
the European Court of Human Rights held unanimously that there had been a
violation of the applicant's rights under Article 6, Section 2 (presumption of in-
nocence) of the European Convention on Human Rights.
Under Article 41 (just satisfaction) of the Convention, the Court held that
the finding of a violation afforded in itself sufficient just satisfaction for the non-
pecuniary damage sustained by the applicant and awarded him EUR 662 for costs.
T1his judgment became final on 19 December zoo6 in accordance with Article
44, Section z(b) of the Convention, on the expiry of the three-month time limit
for requesting referral to the Grand Chamber.
i. Principal facts
The applicant, Milija Matijaevic, is a Serbian national who was born in 1976 and
is currently serving a prison sentence.
The applicant was arrested and remanded in custody in May 2003 on suspicion
of having committed murder and fraud. Novi Sad District Court extended his
detention on remand. When giving reasons for its decision, the court stated that
the applicant had actually committed the criminal offences for which he had been
arrested. The applicant appealed to the Supreme Court arguing that the court's
decision had prejudged the outcome of his pending criminal case and breached his
fundamental right to be presumed innocent. His appeal was rejected and he was
found guilty of incitement to murder and sentenced to eight years' imprisonment.
2. Procedure of the Court
TIhe application was lodged on zo May 2004 with the European Court of Human
Rights. On 8 June 2005 the Court decided to examine the merits of the applica-
tion at the same time as its admissibility.

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