Facts
On 17 December 1997, the Cantonal Government of Zurich enacted the Ordinance on the Airport Prison (VoFHG). This Ordinance provides for "strict solitary confinement of up to 20 days" as the most severe disciplinary measure. Ayse and Ali Gencer filed a constitutional complaint against this provision, arguing that the imposition of strict solitary confinement should be classified as a criminal charge within the meaning of Art. 6 para. 1 ECHR and therefore must be reviewed by a court. The Federal Court dismissed the complaint.Considerations
The Federal Court concluded that the imposition of strict solitary confinement as a disciplinary measure does not fall under Art. 6 para. 1 ECHR and therefore does not require review by a court. The Ordinance clearly assigns strict solitary confinement to disciplinary law, and the violations punished by it concern the internal order of the institution and are not directed at the general public. Even though strict solitary confinement represents a significant tightening of the detention conditions, it does not constitute an independent deprivation of liberty. The case law of the organs of the European Convention on…