Dismissal of the appeal against an interlocutory order of the President of the Appeals Chamber of the Federal Criminal Court

Facts

In this case, the Swiss Federal Prosecutor's Office is conducting a criminal investigation against [X.] for criminal organization and qualified money laundering. Based on an arrest warrant issued by the Federal Prosecutor's Office on August 25, 2004, [X.] was arrested on August 31, 2004 and placed in pre-trial detention. On September 1, 2004, the Federal Prosecutor's Office requested the confirmation of the detention. However, on September 3, 2004, the Detention Court III Bern-Mittelland rejected the application for the continuation of the pre-trial detention and ordered the release of [X.] . Against this, the Federal Prosecutor's Office filed an appeal with the Federal Criminal Court on September 3, 2004 and simultaneously requested the suspensive effect of the appeal in order to maintain the detention until the decision of the Appeals Chamber.

By an interlocutory order dated September 3, 2004, the President of the Appeals Chamber of the Federal Criminal Court granted the appeal the suspensive effect and ordered the continuation of the pre-trial detention until the decision of the Appeals Chamber. Against this order, [X.] filed an appeal with the Federal Supreme Court on September 4, 2004.

Considerations

The Federal Supreme Court concluded that the appeal against the interlocutory order of the President of the Appeals Chamber of the Federal Criminal Court is not admissible. According to Art. 33 para. 3 lit. a of the Federal Act on the Federal Criminal Court (SGG), only decisions of the Appeals Chamber on…