Dismissal of the Appeal against a Disciplinary Order due to Refusal to Work

Facts

The appellant [X.] is detained in the Thorberg Correctional Facility. On 20 November 2017, he participated in a strike together with other inmates. As a result, the prison management issued a disciplinary order on 21 November 2017, sanctioning [X.] with seven days of confinement and the withdrawal of all electronic devices until further notice due to refusal to work. [X.] filed an appeal against this disciplinary order with the Police and Military Directorate of the Canton of Bern on 18 December 2017. The Police and Military Directorate did not consider the appeal on 10 January 2018. The appeal filed by [X.] against this decision was dismissed by the Supreme Court of the Canton of Bern on 15 June 2018. [X.] now appeals in criminal matters to the Federal Supreme Court. He requests that the decision of the Supreme Court be set aside and that the case be remanded for consideration on the merits. He also requests legal aid.

Considerations

1. The Federal Supreme Court will consider the appeal, as it concerns an immediately executed disciplinary measure, in which there is a public interest in answering the legal question and a timely review in the individual case would hardly ever be possible. 2. The three-day deadline for challenging disciplinary sanctions pursuant to Art. 80 para. 2 of the Law of the Canton of Bern on the Execution of Criminal Sanctions and Measures (SMVG) does not violate the…