Facts
The appellant [A.] was charged with attempted serious bodily harm, multiple simple bodily harm, multiple threats, multiple violence and threats against authorities and officials, as well as other offenses. He was in preventive detention in the Pöschwies Prison (JVA Pöschwies) under restrictive detention conditions. On May 26, 2021, he filed a request for immediate release from detention, which was rejected by the High Court of the Canton of Zurich. The appellant lodged a complaint with the Federal Supreme Court and requested the annulment of the presidential decree and his immediate release from detention.
The Federal Supreme Court partially upheld the complaint and annulled the presidential decree. The case was referred back to the High Court to re-examine the detention decision. The request for immediate release from detention was rejected.
Considerations
The Federal Supreme Court examined the admissibility of the complaint and found that the appellant has a legally protected interest in the annulment or modification of the contested decision. It applied the law ex officio and examined the decisions contested before it for legal violations.
The court found that the detention conditions in the JVA Pöschwies are restrictive but not obviously inadmissible. It pointed out that the proportionality of the detention conditions must be examined in a medium to long-term perspective. The court also found that the effects of the detention conditions on the appellant have not been conclusively clarified.
The Federal Supreme Court annulled the contested decision because the…