Facts

The Public Prosecutor's Office of Winterthur/Unterland is conducting a criminal investigation against [A.] on suspicion of qualified violation of the Narcotics Act and other offenses. By order dated December 21, 2021, [A.] was placed in pretrial detention by the Compulsory Measures Court of the District of Bülach. The appeal filed by [A.] against this was dismissed by the High Court of the Canton of Zurich by decision dated January 18, 2022.

[A.] now appeals in criminal matters against the decision of the High Court to the Federal Supreme Court. He requests the annulment of the contested decision and his release from detention.

Considerations

The Federal Supreme Court dismisses the appeal. It considers the urgent suspicion against [A.] to be given, as extensive evidence for the suspicion of qualified violation of the Narcotics Act was seized during house searches at his place of residence and that of a co-accused. The admissibility of this evidence is not excluded from the outset, even though [A.] did not have legal counsel present during the house search. The Federal Supreme Court explains that the right to the assistance of a defense counsel according to the case law of the European Court of Human Rights may indeed exist already in the initial stage of the proceedings, but can be subject to well-founded…