Facts
The Federal Prosecutor's Office is conducting a criminal investigation against X. on suspicion of attempted circulation of counterfeit money and other offenses. X. was placed in pre-trial detention in the canton of Zurich on June 29, 2009, and the detention was formally opened on July 20, 2009, after the case was taken over by the Federal Prosecutor's Office. On July 23, 2009, the Federal Investigating Magistrate's Office decided that X. should remain in pre-trial detention.
On August 20, 2009, X. requested release from detention. By decision of September 16, 2009, the Federal Investigating Magistrate's Office dismissed the request. The appeal filed by X. against this was dismissed by the Federal Criminal Court on October 9, 2009.
On November 11, 2009, X. filed a criminal appeal with the Federal Supreme Court. On November 18, 2009, the Federal Prosecutor's Office informed the Federal Supreme Court that X. had been released from pre-trial detention on the same day.
Considerations
The Federal Supreme Court examines the appeal on the merits despite the release of the appellant from pre-trial detention. This is possible under special circumstances if a violation of the European Convention on Human Rights is obvious and the appellant can be immediately provided with the requested redress through the corresponding finding and a cost regulation favorable to him.
The Federal…