Facts

[A.] , who originates from Turkey, filed an asylum application in 1995, which was rejected. In 2002, he was convicted of attempted intentional homicide and sentenced to a custodial sentence. After the reversal of this judgment, he was sentenced to 7 years' imprisonment in 2003. On September 5, 2003, the Migration Office of the Canton of Zurich ordered deportation detention against [A.] . However, the detention judge of the District Court of Zurich rejected the application for confirmation of the deportation detention. Thereupon, the Federal Department of Justice and Police filed an administrative court appeal against the decision of the detention judge.

Considerations

The Federal Supreme Court states that the ground for deportation detention under Art. 13a para. 1 let. e of the Federal Act on Foreign Nationals' Residence and Establishment (RSFNA) does not require only criminal prosecution or conviction for serious threat or endangerment of life and limb. Rather, a prognosis must also be made as to whether there is a serious risk of further endangering acts. The Federal Supreme Court…