GAFA v. MALTA - 54335/14 (Judgment : Article 5 - Right to liberty and security : Fourth Section)

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision

Ganna Yudkivska, President, Vincent A. De Gaetano, Faris Vehabović, Iulia Motoc, Carlo Ranzoni, Georges Ravarani, Marko Bošnjak, judges, and Marialena Tsirli, Section Registrar,

. By a decision of 7 September 2012 the Criminal Court, having examined the documents submitted by the applicant, rejected the Attorney General's request to increase the deposit but added the condition that the applicant could not be in the vicinity of locality R. It also rejected the applicant's request considering that the Court of Magistrates had correctly applied its discretion.

On 4 December 2012 the applicant filed another application requesting the court to reduce the amount that he had to deposit. He noted that he had remained in detention for three and half months since the decree granting him bail due to his inability to pay. The Attorney General objected in view of the seriousness of the crime.

. On 22 July 2013 the applicant requested the court to accept his mother Ms J.G. (and other relatives) as surety in lieu of the deposit. He referred to a property the relatives had inherited which they were willing to put forward as a guarantee instead of the deposit. The Attorney General requested that the applicant submit relevant evidence of the inheritance and the value of the property and that the court hear relevant witnesses in this connection, before making his final submissions. He further highlighted that a public deed would be required for the purposes of the relevant hypothec.