Facts
X. (born 1978) claims to be from Algeria. He unsuccessfully went through an asylum procedure in Switzerland and was placed in deportation detention to ensure the enforcement of his expulsion. After this detention expired, he was transferred to criminal custody. On June 11, 2007, the Office for Migration of Basel-Landschaft placed X. in enforcement detention. The single judge for coercive measures in the law on foreign nationals at the Cantonal Court of Basel-Landschaft approved this on June 14, 2007 until July 10, 2007 and extended it on July 9, September 6, and November 6, 2007, each time by two months.
Against the decision of September 6, 2007, X. appealed to the Federal Supreme Court, with his complaint being directed exclusively against the refusal of free legal representation. In a submission dated December 6, 2007, he also requested the revocation of the detention extension of November 6, 2007, his release, and the granting of free legal aid and representation for the previous instance proceedings.
Considerations
The Federal Supreme Court considers the enforcement detention ordered against the appellant to be justified. The purpose of enforcement detention is to induce the person obliged to leave the country to change their behavior in cases where the enforcement of the legally binding expulsion order against them appears impossible without their cooperation after the expiry of the departure deadline. The enforcement detention finds its legal justification in Art. 5 para. 1 let. f and Art. 5 para. 1 let. b ECHR.
The Federal Supreme Court further states that the appellant must not be denied free legal representation no later than in the detention extension proceedings after three months. This results from Art. 29 para. 3 and Art. 31…