Facts
Alfred Frauenknecht is suspected of having transmitted several hundred thousand plans and drawings for the manufacture of the Mirage engine to Israeli agents, in exchange for more than 800,000 Swiss francs. He is the subject of a federal preliminary investigation for economic espionage and violation of military secrets, and has been detained since September 23, 1969. On February 3, 1970, he was brought before the federal investigating judge, who kept him in custody due to the risk of flight. His first request for release, filed on March 3, 1970, was rejected. The Indictment Chamber of the SCC rejected Frauenknecht's appeal against this decision on March 19, 1970. On September 24, 1970, the accused filed a new request for release, which was rejected on September 29, 1970 by the first deputy of the investigating judge, in the absence of the latter. No appeal was filed against this decision. On October 18, 1970, Frauenknecht filed a new request for release, which he justified by criticizing the deputy investigating judge for having ruled without knowing the file and the personality of the accused. On October 21, 1970, the federal investigating judge rejected this request.Considerations
The Indictment Chamber considers that the appeal against the decision of October 21, 1970 is admissible, as the investigating judge examined whether a ground for release existed, although the decision of September 29, 1970 has become final.
According to case law, the appeal can only be upheld if the investigating judge has violated the law or manifestly exceeded his power of assessment. The Indictment Chamber does not have to examine whether the…