Facts
On July 14, 2011, the Macedonian national X. was checked by the police due to suspicion of drug use. X. was then arrested and brought before the Public Prosecutor's Office of Basel-Landschaft on July 16, 2011. The Public Prosecutor's Office applied to the Compulsory Measures Court of the Canton of Basel-Landschaft for the ordering of pre-trial detention for X. for a period of three months.
On July 18, 2011, the Compulsory Measures Court dismissed the application of the Public Prosecutor's Office and ordered the immediate release of X. The Public Prosecutor's Office, which had not participated in the hearing, learned of the decision of the Compulsory Measures Court only at 2:21 pm and subsequently filed an appeal with the Cantonal Court of Basel-Landschaft on July 19, 2011.
Considerations
The Federal Supreme Court stated that the Public Prosecutor's Office is generally entitled to appeal a decision of the Compulsory Measures Court to the appellate instance. However, in order to prevent the release of the accused until the decision of the appellate instance, the Public Prosecutor's Office must immediately announce its appeal after becoming aware of the release decision and then submit it in writing within three hours.
The procedure of the cantonal authorities did not comply with these requirements. The…