Facts
The case concerns the complaint filed by [X.] against his provisional arrest by the Cantonal Police of Bern on January 21, 2012, in the context of an unauthorized demonstration. [X.] was released on the same day. He filed a complaint with the High Court of the Canton of Bern, requesting that the modalities of the deprivation of liberty be declared unlawful and that he be awarded compensation of 1,700 Swiss francs. However, the High Court did not enter into the merits of the complaint due to the lack of a legal interest in obtaining legal protection.
[X.] subsequently filed a criminal law appeal with the Federal Supreme Court, primarily requesting that the decision of the High Court be set aside and the matter be remanded to the lower instance for a decision on the merits.
Considerations
The Federal Supreme Court states that [X.] generally has a current practical interest in the consideration of the appeal, as in the event of success before the Federal Supreme Court, the High Court would have to enter into the merits of the cantonal legal remedy.
However, the Federal Supreme Court denies [X.] a legal interest in a decision on the merits by the lower instance. On the one hand, [X.] has not demonstrated how the provisional arrest violated principles of criminal procedure and could have had a detrimental effect on…