Facts
The Federal Court had to rule on an appeal by [X.] against the decision of the Federal Criminal Court, Appeals Chamber, of 24 November 2004. [X.] had been taken into investigative custody on 20 October 2004 due to the risk of collusion. The Swiss Federal Prosecutor's Office took over the criminal proceedings on 25 October 2004 and found that the investigative measures and rulings made under cantonal law did not need to be repeated and remained in force.
On 9 November 2004, [X.] filed a request for release from detention, as the 14-day period for extending detention had expired. The Federal Prosecutor's Office rejected the request, and [X.] appealed to the Federal Criminal Court. The Federal Criminal Court overturned the ruling of the Federal Prosecutor's Office, but did not order the release from detention.
[X.] appealed to the Federal Court and requested that the Appeals Chamber of the Federal Criminal Court be instructed to supplement the operative part of its ruling of 24 November 2004 to the effect that the appellant be released from detention immediately.
Considerations
The Federal Court first examined whether the appeal to the Federal Court was admissible. It found that appeals against rulings of the Appeals Chamber of the Federal Criminal Court on coercive measures can be filed within 30 days of the ruling being served, citing a violation of federal law.
The Federal Court concluded that the appellant had standing to appeal, as the appellant was a…