Facts

Partially Admitted Appeal Due to Unlawful Detention Conditions **Parties:** Defendant A. against the Public Prosecutor's Office of the District of Lausanne **Court:** I. Public Law Department of the Federal Supreme Court **Date:** February 5, 2013 **Main Issue:** The defendant A. was arrested in Lausanne on October 20, 2012, and placed in pretrial detention for theft and property damage. He was held for 14 days in the police building, although the cells are only designed for stays of a maximum of 48 hours. A. complained about the detention conditions and demanded his immediate release. **Relevant Topics:** Compensation for unlawful coercive measures (Art. 431 para. 1 CrimC), Compensation for unlawful detention (Art. 431 para. 1 CrimPC), Unlawful detention conditions, Art. 431 para. 1 CrimPC, Art. 442 para. 4 CrimPC, Art. 125 para. 2 CrimC, Art. 429 CrimPC, Art. 431 CrimPC, Art. 431 CrimPC and Art. 49 CO The defendant A. was held for 14 days in the police building, although the cells are only designed for stays of a maximum of 48 hours. The cantonal chamber recognized that this constitutes a gross violation of cantonal regulations, but this did not lead to the release of the defendant, as the detention conditions now met the legal requirements. The Federal Supreme Court found that the cantonal chamber had incorrectly decided that no examination of the detention conditions was necessary. According to the case law of the Federal Supreme Court, a violation of the detention conditions must be examined and, if necessary, established. The defendant has the right to a prompt and impartial examination of the poor detention conditions he has alleged. The Federal Supreme Court decided that the appeal must be partially admitted. The defendant is entitled to an examination of his detention conditions, but this does not lead to his immediate release. The cantonal chamber must examine the detention conditions and, if necessary, establish the violations. ATF 138 IV 81, ATF 137 IV 92, ATF 136 I 274, ATF 138 IV 86, ATF 131 I 455, ATF 124 I…