Facts
A. was arrested and detained on 30 November 2012. On 30 January 2013, the Police Court of Geneva found him guilty of illegal stays and non-compliance with a residence assignment, and sentenced him to 6 months of deprivation of liberty. The court also ordered the continued detention of A. for a period of 3 months pursuant to Art. 231 para. 1 CrimPC.
A. appealed this decision to the Criminal Appeals Chamber of the Court of Justice of Geneva, complaining in particular of a violation of his right to be heard. On 20 February 2013, the Court of Justice dismissed the appeal and confirmed the continued detention of A. for safety reasons.
A. then filed an appeal in criminal matters with the Federal Tribunal, requesting the annulment of the decision and his immediate release.
Considerations
The Federal Tribunal partially upheld the appeal. It considered that the continued detention for safety reasons ordered by the Police Court had to be the subject of a reasoned written decision separate from the judgment on the merits, in accordance with Art. 226 para. 2 CrimPC.
Indeed, according to case law, the decision on continued detention must be notified in writing and briefly reasoned as soon as possible, so that the convicted person can exercise his rights…