Facts
On July 7, 2007, X. (born in September 1989) was arrested at Zurich Airport upon her return from the Dominican Republic, as she was carrying approximately 5 kg of cocaine in her suitcase and laptop bag. X. denies having knowledge of the cocaine. By order of the investigating judge at the District Court of Winterthur dated July 10, 2007, pre-trial detention was ordered until July 27, 2007, due to the risk of collusion and flight. By order dated July 26, 2007, the detention was extended until August 24, 2007. Against this, X. filed a CPC appeal to the Federal Supreme Court on July 30, 2007. On August 17, 2007, X. was released from pre-trial detention.Considerations
The Federal Supreme Court first had to examine whether the cantonal appeal process had been exhausted before an appeal could be filed with the Federal Supreme Court. Zurich law does not provide for a cantonal legal remedy against detention decisions in juvenile criminal proceedings. However, the Federal Supreme Court decided that Art. 41(1) of the JCLA is a directly applicable provision that imposes an obligation on the cantons to provide for a legal remedy against judgments and orders in juvenile criminal proceedings. This provision has been in force since January 1, 2007 and can therefore be applied directly, without the cantons…