Kernrechtsfrage
Whether the extension order of 29 August 2009 violated the right to be heard because the defense had not received the prosecution’s request and deadline notice.
Extrahierter Entscheid
Yes. The defense had no opportunity to comment before the detention extension was decided, which violated the right to be heard and the fair-trial guarantee.
Extrahierte Begründung
Because the prosecution’s request and the deadline notice were not served due to an office error, the detainee could not respond before the judge decided on the file; this amounted to a procedural defect requiring annulment and remittal.