Facts
This case concerns the order of the Federal Investigating Judge dated August 16, 1999, by which she upheld the detention ordered by the Federal Prosecutor's Office on August 12, 1999, due to the risk of collusion and flight.
The Federal Prosecutor's Office argued that no appeal against the detention confirmation by the Federal Investigating Judge was possible to the Indictment Chamber of the Federal Supreme Court, as the accused could at any time file a request for release from detention and appeal against its rejection. However, the Federal Investigating Judge had provided the contested order with a legal remedy notice on the possibility of an appeal to the Indictment Chamber.
The appellant relied on this legal remedy notice and argued that the representation of the request for continued detention by the Federal Prosecutor's Office within the framework of the detention review should be equated with a request for release from detention. An additional request for release from detention would be incompatible with the requirement of expedited proceedings.
Considerations
The Federal Supreme Court concluded that the appeal against the confirmation of detention by the Federal Investigating Judge is admissible. While the provisional arrest serves to ensure the appearance before the detention judge and can be lifted by the latter, an appeal can be filed against the confirmation of detention by the investigating judge to the Indictment Chamber.
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