Admissibility of Placement in a Reform School Beyond the Age of Majority

Facts

[M.], born on December 5, 1977, was found guilty by the Juvenile Court of Plessur of multiple thefts, complicity, multiple violations of the Narcotics Act, and theft of a motor vehicle, and was placed in a reform school for juveniles pursuant to Art. 91 para. 1 cl. 1 of the Swiss Criminal Code (StGB). The Juvenile Chamber of the Cantonal Court of Graubünden dismissed the convicted person's appeal.

[M.] filed a nullity appeal with the request to set aside the decision of the Juvenile Chamber. The Cantonal Court Committee of Graubünden and the Juvenile Prosecutor's Office of Graubünden requested the dismissal of the appeal.

Considerations

The Federal Court concluded that placement in a reform school pursuant to Art. 91 para. 1 cl. 1 StGB, which can last beyond the age of majority up to the age of 22 (Art. 94 para. 5 StGB), is compatible with the European Convention on Human Rights (ECHR).

The lower court had correctly assumed that such placement, based on a criminal conviction, falls under Art. 5 para. 1 (a) ECHR. The broad concept of detention used in this provision also includes measures of correction and…