Facts
The Federal Supreme Court ruled in a case against the Juvenile Criminal Procedure Code of the Canton of Basel-Stadt that the provision allowing for the exceptional placement of juveniles in adult facilities violates federal law. The Federal Supreme Court annulled this provision.
The appellants, Jelscha Schmid, Tanja Soland, and the Association of Democratic Jurists of Switzerland (DJS), Basel Regional Group, had filed a constitutional appeal against the Juvenile Criminal Procedure Code of the Canton of Basel-Stadt. They alleged a violation of the primacy of federal law and argued that the contested provision contradicts Art. 6 para. 2 of the Federal Act on Juvenile Criminal Law, which stipulates that juveniles in pre-trial detention must be accommodated separately from adult inmates in a special facility or a separate section of the detention center.
Considerations
The Federal Supreme Court stated that Art. 6 para. 2 of the Juvenile Criminal Act attaches absolute significance to the requirement of separating juveniles from adults in the enforcement of pre-trial detention, which does not allow for any exceptions. Consequently, the contested provision of the Juvenile Criminal Procedure Code, which allows for the exceptional placement of juveniles in adult facilities, is incompatible with federal law and violates Art. 49 para. 1 of the Federal Constitution.
The Federal Supreme Court…