Kernrechtsfrage
Whether the prolongation of preventive detention violated the right to be heard because the detainee was not served the prosecutor's request.
Extrahierter Entscheid
Yes. The authority failed to prove service of the request, and the detainee was not given an effective opportunity to respond before the detention was prolonged.
Extrahierte Begründung
Art. 29(2) Cst. and Art. 5(4) ECHR / Art. 31(4) Cst. require access to the file and an opportunity to answer the request for detention prolongation. The authorities bore the risk of the missing proof of notification.