32
DRAGOJEVIĆ v. CROATIA JUDGMENT
to ensuring the proper administration of justice. It is perfectly normal that a
judge may consider and dismiss an application for release lodged by a
detained defendant. In doing so the judge is required, under both the
Convention and the domestic law, to establish the existence of a “reasonable
suspicion” against the defendant. The mere fact that a trial judge has already
taken pre-trial decisions in the case, including decisions relating to
detention, cannot in itself justify fears as to his impartiality; only special
circumstances may warrant a different conclusion (see Hauschildt
v. Denmark, 24 May 1989, § 51, Series A no. 154; Sainte-Marie v. France,
no. 12981/87, § 32, 16 December 1992; and Romenskiy v. Russia,
no. 22875/02, § 27, 13 June 2013). What matters is the extent and nature of
the pre-trial measures taken by the judge (see Fey v. Austria, 24 February
1993, § 30, Series A no. 255-A).
115. Any misgivings which the accused may occasion in these instances
are understandable but cannot in themselves be treated as objectively
justified. Indeed, the questions which the judge has to answer when taking
decisions on continuing detention are not the same as those which are
decisive for his final judgment. When taking a decision on detention on
remand and other pre-trial decisions of this kind the judge summarily
assesses the available data in order to ascertain whether there are prima
facie grounds for the suspicion against an accused of having committed an
offence; when giving judgment at the conclusion of the trial he must assess
whether the evidence that has been produced and debated in court suffices
for finding the accused guilty. Suspicion and formal finding of guilt are not
to be treated as being the same (see Jasiński v. Poland, no. 30865/96, § 55,
20 December 2005).
(ii) Application of these principles to the present case
116. The Court notes that during the proceedings in the applicant’s case
his pre-trial detention was extended four times by a three-judge panel of the
Dubrovnik County Court in which Judge Z.Č., who later assumed
responsibility for the applicant’s case as the president of the trial bench,
took part as either the president or member of the panel (see paragraphs 24,
30, 32 and 41 above). The applicant’s detention was extended on the
grounds of a risk of reoffending and the gravity of the charges.
117. The assessment of those grounds involved an analysis of all the
relevant circumstances of the offence, the manner of its commission and the
gravity of specific elements of the charges such as the necessary criminal
resolve and engagement in the commission of the offence (see
paragraphs 24 and 30 above). However, in the assessment, the judges
referred only to the offence as “the subject matter of the charges”, which did
not convey their conviction that the applicant had committed the offences in
question and cannot be considered tantamount to a finding of guilt (compare
Jasiński, cited above, § 56, and, by contrast, Romenskiy, cited above, § 28).
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