AREAS IN THE CODE OF CRIMINAL PROCEDURE OF REPUBLIC OF MACEDONIA REQUIRING IMPROVEMENTS FOR PURPOSES OF HARMONIZATION WITH THE JURISPRUDENCE OF THE ECtHR WITH REGARDS TO THE APPLICATION OF THE DETENTION MEASURE

Abstract

The ECtHR has so far brought a number of judgments against Macedonia finding violation of Article 5 of the ECHR. Although in most of these cases the violation derives and refers to the imposition, i.e. continuation of detention as a measure securing presence in a criminal proceeding, it should be noted that this is not the case with all judgments of the ECtHR finding violations of Article 5 of the ECHR. Still, this analysis shall focus exclusively on the group of judgments where the ECHR violation derives from circumstances relating to detention as a measure to secure presence in the criminal procedure. Moreover, the issues referring to the detention and the manner in which this measure is imposed and continued, in the light of the jurisprudence of the ECtHR, may also have some issues in common with other articles of the ECHR, such as Article 6 of the ECHR which guarantees the right to fair trial including the presumption of innocence.