Facts
The Zurich-Sihl Public Prosecutor's Office is conducting a criminal investigation against [A.] on suspicion of robbery and offenses against the Weapons Act. [A.] was arrested on January 29, 2021 and remanded in pre-trial detention by the Compulsory Measures Court of the District of Zurich until March 2, 2021 on February 2, 2021. The Compulsory Measures Court found that the detention decision was not issued within the legal deadline of 96 hours after the arrest, thereby violating the principle of expedition. [A.] appealed against this decision, which the High Court of the Canton of Zurich dismissed on February 11, 2021.Considerations
The Federal Supreme Court stated that while the violation of the 96-hour deadline under Art. 224 para. 2 and Art. 226 para. 1 CrimPC generally leads to the unlawfulness of the detention, this does not automatically result in the release from detention. Release from detention is only justified if the delay in the proceedings is particularly serious and the prosecuting authorities show that they are unwilling or unable to expedite the proceedings. In the present case, the Federal Supreme Court did not consider these requirements to be met, as the exceeding of the deadline by only 65 minutes or 3 hours and 44 minutes was not to be classified as so serious.…