Facts
The Federal Tribunal has rejected the appeal of a convicted person against the refusal of his conditional release from a therapeutic institutional measure. The appellant, suffering from a severe chronic mental illness (paranoid schizophrenia and psychoactive substance dependence syndrome), was placed in an institutional therapeutic measure in 2005 due to the high risk he posed to public safety.
The cantonal court found that the conditions for conditional release were not met, given the persistent dangerousness of the appellant despite some progress in his treatment. Although the severity of the initial offenses was not particularly high, the risk of recidivism related to the appellant's severe mental pathology far exceeded the gravity of the committed offenses.
The Federal Tribunal confirmed the cantonal court's assessment of the risk of recidivism, noting that the appellant posed a significant danger to public safety due to his dual psychiatric pathology, with episodes of aggression and impulsivity.
Considerations
The Federal Tribunal ruled that the continuation of the institutional therapeutic measure, although already of a long duration (nearly 8 years), was not disproportionate to the public interest in preventing new offenses. Despite the uncertain…