Facts
The Basel-City Cantonal Council issued a regulation on the prison system (GLA/BS) on December 19, 1995, which was published in the Basel-City Cantonal Gazette on February 10, 1996. The Democratic Jurists of Switzerland, Basel Regional Group (DJS), as well as E., G., and K. challenged the enactment with a constitutional complaint to the Federal Court. They requested that various provisions of the Prison Ordinance be repealed.
In their justification, the complainants argued that the contested provisions violated the following fundamental rights or constitutional principles: guarantee of personal freedom, principle of equal treatment and proportionality, freedom of expression, principle of the derogatory force of federal law, Art. 3 ECHR (prohibition of inhuman or degrading treatment), Art. 8 ECHR (respect for private and family life), Art. 10 ECHR (freedom of opinion), and Art. 14 ECHR (prohibition of discrimination).
Considerations
The Federal Court examined the constitutionality of the Prison Ordinance from the perspective of personal freedom. The guarantee of personal freedom is an unwritten fundamental right of the Federal Constitution, which protects not only freedom of movement and physical integrity but also all freedoms that represent elementary aspects of personality development.
The Court found that the regulation on the prison system governs prison conditions and that the guarantee of personal freedom also applies to prisoners in the context of criminal proceedings. The restriction of prisoners' freedom rights must not exceed what is necessary to ensure the purpose of detention and maintain an orderly institution.
The Court also examined the complaint that the obligation to work for all prisoners, except those in…