Facts
By judgment of June 28, 2012, the Criminal Appeals Court of the Federal Criminal Court sentenced A. to a custodial sentence of 78 months and ordered his continued detention for safety reasons to ensure the execution of the sentence imposed, pursuant to Art. 231 para. 1 let. a of the Swiss Criminal Procedure Code (CPC). On October 22, 2012, A. complained that the detention for safety reasons had become unlawful as of September 29, 2012, i.e., upon the expiry of a three-month period from its pronouncement. The Criminal Appeals Court of the FCC dismissed this request and maintained the detention of the person concerned for safety reasons, a decision that A. contested before the Appeals Court of the FCC, which declared his appeal inadmissible.
A. subsequently filed an appeal in criminal matters with the Federal Tribunal, requesting that his appeal be declared admissible and that the decision of October 30, 2012 of the Criminal Appeals Court of the FCC be amended to establish the unlawfulness of his detention between September 29 and October 30, 2012, with the award of compensation in this respect.
Considerations
The Federal Tribunal partially upheld the appeal. It considered that the rules on the limited duration of detention for safety reasons, as provided for in Arts. 227 and 229 CPC, also apply when such detention is ordered by the court of first instance at the time of the judgment, pursuant to Art. 231 CPC.
Thus, the Federal Tribunal ruled that the detention for safety reasons ordered on June 28, 2012 had to be…