Rejection of accompanied therapeutic outings for offenders in the execution of measures

Facts

The appellant [A.] was convicted in 2005 of sexual abuse and trespassing and was committed to an inpatient therapeutic measure. In November 2019, the Department of the Interior of the Canton of Solothurn lifted the inpatient measure and requested the District Court to order detention. In an appeal against this decision, the Administrative Court of the Canton of Solothurn overturned the lifting of the measure. Subsequently, the Public Prosecutor's Office filed an appeal, upon which the Federal Supreme Court overturned the judgment of the Administrative Court and remanded the case for a new assessment. In parallel, the Office of Correctional Services rejected [A.] 's request for accompanied therapeutic outings in August 2019. This rejection was confirmed by the Department of the Interior and the Administrative Court of the Canton of Solothurn. [A.] now appeals this decision to the Federal Supreme Court in criminal matters.

Considerations

The Federal Supreme Court states that the cantons are generally responsible for the execution of criminal sentences and measures. Federal law provides for special security measures in Art. 75a of the Swiss Criminal Code (SCC) in the event of relaxation of deprivation of liberty, especially if the offender has committed a felony under Art. 64 para. 1 SCC. In such cases, the dangerousness of the offender must be assessed, for which the commission under Art. 62d para. 2 SCC can be consulted. The…