12 months by non-renewable order in accordance with the same procedure;
and that the above provisions do not apply to cases of murder, assassination,
parricide, poisoning, as well as, criminal theft and embezzlement of public
funds.
142. The same law also states in “CHAPTER II: DE LA PROCEDURE
DEVANT LE POLE JUDICIAIRE EN MATIERE DE LUTTE CONTRE
LE TERRORISME...” in its Art. 605.8 that the total duration of pre-trial
detention cannot exceed four (4) years in criminal matters and two (2) years
in civil offences.
143. Therefore, the Court concludes that, in the instant case, by application
of Article 132-1 in fine the Applicant would be subject to a maximum term
of pre-trial detention of 18 months extendable, by non-renewable order, for
a period not exceeding 12 months (which would total 30 months).
144. In the instant case, it has neither been alleged nor proven that the term
of the Applicant's pre-trial detention has been extended by order of the
investigating judge. And even if this had occurred, the maximum term of
pre-trial detention (30 months) is far exceeded.
145. On the other hand, as admitted by the parties, the Applicant is accused
of complicity in the practice of terrorism, murder, and criminal association,
which leads to admit the applicability of the aforementioned Article 605.8 of
the same law, which establishes a maximum preventive detention period of
4 years, which also is long overdue.
146. In this sense the Court concludes that the preventive detention of the
Applicant, beyond the maximum limit of 4 years, violates Article 605.8 of
the Criminal Procedure Code.
147. Consequently, in the absence of any legal basis, this Court considers
that the continuation of the Applicant's pre-trial detention beyond 4 years is
arbitrary and illegal, constituting a violation of his right to liberty and
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