Facts
The appellant [X.] is serving a prison sentence of 11 years for attempted intentional homicide. In the past, he had regularly been granted relationship leaves, which he had completed without complaint. On 20 November 2010, he submitted another leave request, which was, however, rejected by the Office of Corrections of the Canton of Zurich, the cantonal Department of Justice, and the Administrative Court of the Canton of Zurich. The justification given was primarily the risk of flight due to the impending deportation of the appellant after serving his sentence.Considerations
The Federal Supreme Court overturns the decision of the Administrative Court and remands the case for a new assessment by the lower instance. It considers the assumption of the risk of flight by the lower instance to be inadmissible, as it is based solely on the abstract possibility of flight due to the impending deportation, without sufficiently taking into account the specific circumstances of the appellant, in particular his previous…