Facts
The complainant W. has been in pre-trial detention since December 18, 1996. On January 16, 1997, he filed a request for release from detention, which was rejected by the investigating judge at the Zurich District Court. The investigating judge ordered a blocking period of almost two months to file a new request for release from detention. The complainant lodged a constitutional complaint against this decision and requested that the investigating judge be instructed to release him immediately.
The prosecution authorities of the Canton of Zurich strongly suspect the complainant of fraud and assume a risk of collusion and flight. The complainant denies these allegations and claims that the two-month blocking period violates Art. 5 para. 4 ECHR.
Considerations
The Federal Court freely reviews the interpretation and application of cantonal law, insofar as it concerns the rejection of a request for release from detention. The investigating judge did not violate the duty to provide reasons, as she referred to the application of the District Prosecutor's Office to reject the request for release from detention and continue the pre-trial detention of January 17, 1997.
The risk of collusion exists because the complainant could contact individual or all previously unknown victims and prevent them from acknowledging themselves as victims to the authorities. The risk of flight exists because the complainant wants to travel to Germany after his release, although the Federal Republic of Germany may have to conduct its own criminal proceedings against the complainant.
The blocking period of two months for filing a new request for release from pre-trial detention…