Facts
The appellant X. was sentenced by the High Court of the Canton of Bern on 24 October 2002 to 9 1/2 years of penitentiary and 15 years of expulsion from the country for serious drug offences. On 29 July 2006, he had served 2/3 of his sentence. The Office for Deprivation of Liberty and Care of the Canton of Bern, as well as the Police and Military Directorate and the Administrative Court of the Canton of Bern, rejected his requests for conditional release. X. then filed a criminal complaint with the Federal Supreme Court, which upheld the complaint.Considerations
The Federal Supreme Court states that the provisions of the new law, in particular Art. 86 SCC on conditional release, also apply to offenders convicted under the old law. According to Art. 86 para. 1 SCC, the prisoner shall be conditionally released after serving two-thirds, but at least three months, of his sentence, if his conduct in the execution of the sentence justifies this and it is not to be assumed that he will commit further crimes or misdemeanours in freedom. The prognosis of future good conduct is to be made in an overall assessment, whereby the competent authority has a margin of discretion.In the present case, the Administrative Court has based its decision solely on the appellant's burdensome criminal history and has absolutized the need to protect the population. In doing so, it has exceeded its margin of discretion and…