Question juridique clé
Whether the federal prosecutor could decide a provisional release request while also later acting as prosecutor at trial.
Solution extraite
No. Under the Constitution and the ECHR, the authority deciding detention or release must be independent from the authority that prosecutes the case.
Motifs extraits
Because the same federal prosecutor could both refuse release and later support the indictment, the system lacked the required appearance of independence; the release decision had to be transferred to the federal investigating judge.