Facts
On September 25, 1996, the Foreigners' Police of the Canton of Zurich took Rayane Dganate, who claimed to be from Algeria, into deportation detention due to the risk of absconding. On September 27, 1996, the detention judge at the District Court of Zurich confirmed this detention until December 24, 1996 and at the same time rejected a request for free legal representation.
Rayane Dganate then filed an administrative court appeal with the Federal Supreme Court. He requested that the contested decision be overturned and that he be released from detention immediately. For the proceedings before the detention judge, he should be provided with free legal counsel.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that at the initial judicial review of detention, free legal representation is not unconditionally required by the Constitution, but only if the case presents particular legal or factual difficulties. The interference with the legal status of the person concerned associated with the detention judge's decision does not weigh so heavily that the requirement of particular legal or factual difficulties could be waived in this stage of the proceedings - as is the case with the extension of detention after three months.
In the present case, the appellant had been residing in the European area for years and his detention had…