Facts
Ms. X. is under criminal investigation by the District Attorney's Office in Zurich and has been in pretrial detention since August 31, 1970. Her defense counsel requested that she be allowed to paint while in pretrial detention, but this was rejected by the prison administration and the responsible District Attorney. Ms. X. then filed an appeal with the Department of Justice of the Canton of Zurich, which also dismissed the appeal on December 2, 1970.
Ms. X. then filed a constitutional complaint alleging a violation of the personal freedom guaranteed in Art. 7 of the Cantonal Constitution. She requested that the decision of the Department of Justice be overturned and that she be allowed free employment, particularly painting, while in pretrial detention.
Considerations
The Federal Supreme Court states that personal freedom as an unwritten constitutional right of the Confederation protects all freedoms that are essential manifestations of the development of the human personality. While personal freedom is subject to restrictions, these must be based on a legal basis, be in the public interest, and leave the essence of individual freedom untouched.
In the present case, the Federal Supreme Court examines whether the person in pretrial detention can be compelled to work. It concludes that pretrial detention may not serve the purposes of work education or resocialization, but only to…