Magistrate Disqualification in Investigation Following Detention Order Upheld

The appellate court dismissed a challenge seeking to disqualify the magistrate conducting an investigation, even though that same magistrate had previously ordered the accused's detention, holding that such a personal union only affects the legality of the detention order under Article 5 ECHR, not the validity of subsequent investigative acts. The court reasoned that the standards of independence required for a judge ordering detention do not extend to the investigating magistrate, as the latter's role inherently involves a degree of partiality akin to that of a prosecutor, and relevant domestic law specifically prevents the investigating magistrate who ordered custody from also filing the indictment, thereby separating the roles as required by constitutional and treaty provisions. Furthermore, the court rejected the claim of a violation of the right to be heard because the opposing party's non-substantive submissions were not a decisive factor in the prosecutor's decision, and the procedural error regarding where the challenge was initially filed did not constitute a breach.