Facts
The complainant [X.] is currently serving a sentence in the prison (JVA) Pöschwies. He applied to transfer the annual amount of CHF 1,200.-- from his blocked account as family support to [A.] in Schlieren. This application was rejected by the management of the JVA Pöschwies. The complainant lodged an appeal with the Department of Justice and the Interior, which was rejected. Subsequently, the complainant filed a complaint with the Administrative Court of the Canton of Zurich, which granted the complaint regarding the question of free legal aid, but otherwise dismissed the complaint.
The complainant then filed a complaint in criminal matters with the Federal Court and requested that the judgment of the Administrative Court of May 9, 2016, be set aside and that he be authorized to transfer CHF 1,200.-- annually from his blocked account to [A.] .
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint in criminal matters was admissible, as it concerned a ruling in the context of Art. 83 para. 2 SCC in the execution of sentences.
The court pointed out that the use of a prisoner's earnings by the detained person is determined by the cantons and that Art. 83 para. 2 SCC contains a framework provision for the use of earnings. The details of the use of earnings are governed by cantonal law, in this case by the Execution of Sentences Ordinance of the Canton of Zurich and the guidelines of the Eastern Swiss Prison Commission on earnings in prisons.
The court examined the interpretation of section 4.2 para. 3 lit. a of the guidelines on earnings and came to the conclusion that the use of the reserve on the blocked account during the execution of the sentence is…