Facts
The complainant [X.] was accused of participating in or supporting a criminal organization and qualified money laundering in the context of a judicial police investigation. On August 31, 2004, various bank accounts of the complainant were seized. The complainant requested the release of CHF 15,000.-- per month for the maintenance of dependent persons and CHF 32,280.-- for defense costs, which was rejected by the Federal Prosecutor's Office. The complaint filed against this decision was dismissed by the Federal Criminal Court (Appeals Chamber).
The complainant filed a complaint with the request to overturn the decision of the Federal Criminal Court and to refer the matter back to it for re-examination. The Federal Court dismissed the complaint.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint to the Federal Court is admissible, as it concerns a coercive measure. The complainant can invoke a violation of federal law pursuant to Art. 33 para. 3 lit. a FCCA.
The Federal Court addressed the complainant's objection that the lower court had violated Art. 59 para. 3 SCC. The complainant argued that the seized assets were to be withdrawn from the control of the criminal organization. The Federal Court rejected this argument and found that Art. 59 para. 3 SCC does not suffice if the assets are somehow withdrawn from the control of the criminal organization.
The Federal Court also examined the complainant's objection that the lower court had violated his right to be heard (Art. 29 para. 2 Cst.; Art. 6 para. 3 lit. b ECHR).…