Facts
The complainant [X.] was sentenced to six years' imprisonment and a fine of CHF 600.-- on March 30, 2011, for multiple rapes, sexual coercion, multiple simple bodily harm, multiple attempted coercion, multiple threats, and multiple assaults. He lodged a complaint against this decision and requested his release from custody. The President of the Court of Appeal dismissed the request for release from custody.
The complainant then requested the annulment of the decision and his release from custody. The public prosecutor's office and the private plaintiff requested the dismissal of the complaint. The complainant argued that the Court of Appeal had violated the criminal procedural acceleration requirement by setting excessively long periods for statements and delivering the judgment only after the expiry of the 5-day period.
Considerations
The Federal Court held that the complaint was admissible and that the complainant was affected in his legally protected interests by the refusal of his release from custody. It examined the complaint of violation of the acceleration requirement and found that the President of the Court of Appeal had violated the 5-day period of Art. 233 CrimPC by setting excessively long periods for statements and delivering the judgment only after the expiry of the period.
The Federal Court found that the urgent suspicion against the complainant still persisted and that the SMS messages submitted by the complainant were not suitable to refute the urgent suspicion. It held that the President of the Court of Appeal had…