Facts
The complainant, [X.] , was sentenced to three and a half years' imprisonment by the Augsburg Regional Court on 4 August 1994 for violating accounting obligations, bankruptcy, and credit fraud. After his flight to Switzerland, the German Federal Ministry of Justice requested Switzerland to enforce the remaining sentence of 815 days. The Federal Office of Justice accepted the request and initiated the exequatur procedure. The complainant lodged an administrative court appeal, which was dismissed by the Federal Court. The Administrative Court of the Canton of Thurgau also dismissed the appeal.
The complainant requested a stay of the commencement of sentence until the decision of the European Court of Human Rights, as he had filed a complaint for violation of Art. 2 and 3 ECHR. The Administrative Court rejected the request, as the complaint to the European Court of Human Rights has no suspensive effect.
The complainant claims that he is at risk of suicide and that the commencement of sentence would violate his rights to life and physical integrity. He requested an oral hearing with personal questioning and the dismissal of the commencement of sentence.
Considerations
The Federal Court examines whether the requirements for the constitutional complaint are met. It finds that the complainant has filed a complaint with the European Court of Human Rights, but this complaint has no suspensive effect.
The Court further examines whether the Administrative Court violated the complainant's right to be heard by rejecting the stay of the commencement of sentence. It finds that the Administrative Court sufficiently justified the reasons for rejecting the stay and that the complainant was able to challenge the decision in a substantiated manner.
The Court also examines whether the Administrative Court violated the complainant's right to an oral hearing with personal questioning.…