Question juridique clé
Whether the refusal of provisional release should be annulled because the deciding authority lacked independence.
Solution extraite
The complaints chamber's decision was annulled because, following the Court's recent case law, the federal prosecutor was not the competent authority to decide the release request at this stage; the matter had to be decided by the federal investigating judge after the prosecutor's opinion.
Motifs extraits
The Court relied on its earlier judgment of 2005-09-14 in case 1S.25/2005, holding that the Ministère public de la Confédération does not provide the independence required by Art. 31(3) Cst. and Art. 5(3) ECHR when ruling on provisional release during the preliminary investigation phase, given its later role in indictment and trial.