Facts
The complainant X. was acquitted by the District Court of St. Gallen on 16 December 1994 due to lack of criminal responsibility for the charge of intentional homicide, but his detention was ordered pursuant to Art. 43 para. 1 sec. 2 SCC. X. has been in the Pöschwies prison (Canton of Zurich) since 8 February 1994. During the execution of the measure, he was repeatedly hospitalized at the Cantonal Psychiatric Clinic Rheinau. The Department of Justice and Police of the Canton of St. Gallen, which is responsible for the execution, regularly reviewed the continuation of the measure and each time found it to be justified.
Currently, the Department of Justice and Police of the Canton of St. Gallen is reviewing the approval of execution relaxations in the form of - also desired by the detainee - escorted day leaves as well as the question of the further design of the execution. The basis for this is an expert opinion of the Psychiatric University Clinic Zurich of 31 July 2001. In the meantime, statements from the Psychiatric-Psychological Service of the Canton of Zurich's Prison Administration and the Pöschwies prison are also available.
Considerations
The Federal Court had to decide whether the complainant has a claim to free legal representation in the execution of the custodial measure. The needy party has a claim to free legal aid pursuant to Art. 29 sec. 3 Cst. if they are not in a position to cover the costs of the proceedings without having to claim means that are necessary to cover their basic needs and those of their family.
The Federal Court affirmed the claim to free legal representation for the procedure regarding leave, as the requirements of Art. 29 sec. 3 Cst. are met. The complainant is needy, free legal representation is objectively necessary, and the legal petition is not hopeless from the outset.
However, the Federal Court denied the claim to free legal representation for the…