Facts
The appellant [X.] was sentenced to a prison term of 14 years for murder on 5 March 2008. The judgment became final. The appellant repeatedly applied for unescorted leave and transfer to open prison. The lower court rejected these applications and made the granting of prison leave conditional on the successful completion of group therapy in a closed prison.
The appellant lodged a complaint with the Federal Supreme Court and applied to have the lower court's judgment set aside, to be granted unescorted leave, and to be transferred to an open prison. The appellant argued that the lower court had conducted an incomplete and inadequate assessment of the evidence and that the granting of prison leave could not be made conditional on the completion of group therapy.
Considerations
The Federal Supreme Court set aside the lower court's judgment and remanded the case to the lower court for reassessment. The Federal Supreme Court found that the lower court had conducted an incomplete and inadequate assessment of the evidence, as it had not considered all relevant files and expert opinions. The Federal Supreme Court established that the lower court had not sufficiently clarified the appellant's dangerousness and that the granting of prison leave could not be made conditional on the completion of group therapy.
The Federal Supreme Court emphasized that the granting of prison leave must be determined by the dangerousness of the…