Facts
The complainant [Z.] was sentenced to 3 years in prison on December 17, 1998, for rape and sexual coercion and was unconditionally expelled from the country for 10 years. The Office for the Execution of Penalties of the Canton of Zurich granted him conditional release from the execution of the sentence on December 23, 1999, after two-thirds of the sentence had been served, but on the condition that the judicial expulsion from the country could be enforced. The complainant appealed against this ruling and requested to be conditionally released from the execution of the sentence regardless of the enforceability of the expulsion from the country.
The Administrative Court of the Canton of Zurich dismissed the appeal, and the complainant filed a federal administrative appeal with the request to overturn the decision of the Administrative Court and to conditionally release him from the execution of the sentence regardless of the enforceability of the expulsion from the country with immediate effect.
Considerations
The Federal Court examined the admissibility of linking conditional release and expulsion from the country and came to the conclusion that conditional release may be made subject to the condition of unconditional expulsion from the country. The lower court had found that the expected living conditions of the complainant in Switzerland spoke against conditional release and that the complainant's constant lack of insight into the wrong committed and the endangerment of high-value legal interests indicated a higher risk.
The Federal Court stated that conditional release is the fourth stage of the execution of sentences and is to be ordered as a rule, but only on the condition that a favorable prognosis is available. The prognosis relates to the specific circumstances of the person concerned and must take into account the person's current attitude, level of maturity, and expected living conditions after…