Facts
X., originating from Bosnia-Herzegovina, repeatedly entered Switzerland illegally and was convicted here for various offences. On 24 March 1993, he was sentenced to an unconditional expulsion from the country for four years. On 3 February 1995, X. married a Swiss citizen and applied for a residence permit on 9 February 1995. The Aliens Police of the Canton of Bern rejected the application on 10 May 1996 and ordered X. to leave Switzerland by 30 June 1996. After his release from criminal custody on 18 May 1996, X. was placed in deportation detention to ensure his expulsion. The President of the Court VII of Bern confirmed this detention on 21 May 1996.Considerations
The Federal Supreme Court upholds the administrative court appeal filed against the detention decision and orders the release of X. Although there are concrete indications based on X.'s previous behaviour that he could evade deportation and abscond, the enforcement of the expulsion is currently not feasible, as the permit procedure for a residence permit is still pending and the Aliens Police did…