Facts
On November 5, 1998, M., an employee of the Public Prosecutor's Office of the Canton of Basel-Stadt, was taken into custody on the arrest warrant of the District Magistrate's Office of Liestal on suspicion of various offenses. The proceedings were transferred to the District Magistrate's Office of Sissach on November 6, 1998. M. was released from custody on November 10, 1998.
On December 7, 1998, M. filed a constitutional appeal with the Federal Court. He complained, among other things, that he had been detained without sufficient suspicion, that he had not been informed of the reasons for his detention, and that he had not been questioned until November 9, 1998. He also complained that his legal representative did not have access to the relevant detention files until November 10, 1998 and could not visit the appellant.
Considerations
The Federal Court did not enter into the constitutional appeal. It justified this by stating that after the end of the pre-trial detention, there was no longer any current practical interest in challenging it by means of a constitutional appeal.
The court stated that all the appellant's complaints could be raised in the compensation proceedings. In this context, the appellant could demand both compensation and satisfaction under Art. 5 para. 5 ECHR, as well as a mere finding of violations of the Convention. The…