Facts
The applicant, who is under guardianship pursuant to Art. 370 CC, has been placed several times in a forced labor establishment under the police regulations of the Canton of Schwyz concerning the placement of employable persons in forced labor establishments of 17 May 1892. On 23 March 1953, the State Council of the Canton of Schwyz placed him for an indefinite period in the Bellechasse establishment. On 25 May 1955, the same authority ordered his conditional release, informing him that he would be placed again as soon as his way of life would give rise to justified complaints. On 8 June 1957, it revoked the conditional release and ordered the placement of the applicant for an indefinite period in the Realta vocational training establishment, on the grounds that he had not behaved well since his release. The applicant filed a public law appeal for violation of Art. 4 Cst., in particular criticizing the State Council for denying him the right to be heard.Considerations
According to the consistent case law of the Federal Tribunal, the citizen who must be placed in a forced labor or vocational training establishment under cantonal legislation or guardianship law (Art. 406 CC) has the right to be heard in accordance with Art. 4 Cst.; he must have the opportunity to assert his objections to the reasons for which the placement is contemplated, before the authority orders the measure.
This principle must be respected not only in the case of a first…