Facts
In this case, A., an Algerian national with no known domicile, was found guilty by the Police Court of the canton of Geneva of theft, endangering the life of others, and violence or threat against authorities and officials. He was sentenced to a custodial sentence of two years with a probation period of three years, and was subject to an expulsion order for a period of five years. The Police Court ordered A.'s continued detention for safety reasons to ensure the enforcement of this expulsion. A. appealed against this decision to continue his detention.Considerations
The Federal Court first examined the legal basis for the continued detention for safety reasons to ensure the enforcement of the expulsion. It considered that Articles 220(2) and 231(1)(a) of the Criminal Procedure Code (CrimPC) provide a sufficient legal basis, as the expulsion is a criminal measure under Article 66a(1)(b) of the Criminal Code (CC).
The Court then examined the issue of the authorities' competence. It ruled that the Police Court was competent to order the continued detention for safety reasons, as the criminal proceedings had not yet been completed. However, this does not prevent the administrative authorities from intervening at an earlier stage, based on Article 76(1) of the Federal Act on Foreign Nationals (FNA).
Finally, the Court analyzed the compliance with the principle of…