Facts
The complainant [X.] was sentenced on 4 July 2003 to four years and four months in prison for multiple sexual acts with children and multiple sexual coercion. The High Court of the Canton of Zurich suspended the execution of the sentence in favor of custody pursuant to Art. 43 para. 1 lit. a SCC. The complainant is currently in the Pöschwies prison.
On 12 December 2014, the complainant requested to be conditionally released from custody. Alternatively, he requested to be transferred to an open prison facility. The Office for the Execution of Penalties of the Canton of Zurich rejected these requests on 5 January 2015. The appeal against this decision was rejected by the Administrative Court of the Canton of Zurich on 22 December 2015, with the denial of free legal aid.
The complainant requests with his appeal in criminal matters that the judgment of the Administrative Court of 22 December 2015 be annulled and the appeal be upheld by the cantonal administrative court. He should be conditionally released from custody immediately. Alternatively, he should be transferred to open custody.
Considerations
The Federal Court has dismissed the appeal, insofar as it can be considered. The complainant had claimed that the refusal of conditional release and the non-transfer to open custody were contrary to federal law. However, the Federal Court has found that the lower court rightly denied the conditions for conditional release and transfer to open custody.
The Federal Court has particularly found that the lower court rightly described the complainant's risk of recidivism as moderate. The expert opinion of 19 September 2014 diagnosed a pedophilic disposition of the complainant and found a high probability of further relevant sexual offenses if the complainant re-establishes contact with minors.
The Federal Court has also found that the lower court rightly considered the complainant's lack of willingness to participate actively…