Facts
The appellant [X.] was provisionally arrested on 1 January 1997 and subsequently placed in pre-trial detention and later in early execution of sentence. By judgment of 20 January 1999, he was acquitted of the charges due to insanity and committed to a psychiatric hospital. On 2 February 1999, he was admitted to the UPK, from where he escaped on 29 April 1999. On 4 April 2006, he was arrested again and placed in the Basel Detention Centre. On 21 December 2010, the Penal Enforcement Department of the Canton of Basel-Stadt applied to the Criminal Court for the revocation of the commitment to a psychiatric hospital and the imposition of preventive detention. On 24 November 2011, the Coercive Measures Court ordered preventive detention against [X.] for a provisional period of twelve weeks. By decision of 20 December 2011, the Court of Appeal of the Canton of Basel-Stadt dismissed an appeal by [X.] against the detention order.Considerations
The Federal Supreme Court finds that the appellant was in custody without a judicial decision from 25 December 2010 to 24 November 2011, i.e. for a period of almost eleven months. This violates the requirements of Art. 31(1) Cst. and Art. 5(1) ECHR. However, the substantive requirements for the imposition of preventive detention under Art. 221(1)(c) CrimPC are met. The appellant has committed serious offences and there…