Facts
The case concerns Walter Stürm, a detainee serving an eight-and-a-half-year sentence for serious offenses, including gang theft. Stürm has already attempted to escape several times and has been convicted of other offenses committed during his escapes. He is currently suffering from health problems, including severe depression, and has requested a suspension of his sentence under Article 40 of the Swiss Criminal Code (SCC). The request was rejected by the Zurich cantonal justice department, which considered that Stürm's health problems could be treated within the framework of his sentence.
Stürm appealed this decision to the Federal Court, arguing that his state of health was so severe that he could not withstand imprisonment and that his release was necessary to ensure his treatment and recovery. He also invoked the violation of Article 3 of the European Convention on Human Rights (ECHR) and the guarantee of personal freedom.
Considerations
The Federal Court examined Stürm's request for release and considered that Article 40 SCC does not provide for automatic release in case of health problems. The Court estimated that Stürm's health problems could be treated within the framework of his sentence and that release was not necessary to ensure his treatment and recovery.
The Court also considered that the Zurich cantonal justice department had acted appropriately in refusing Stürm's release, as the treating physicians and experts had estimated that Stürm's health problems did not justify a suspension of his sentence. The Court also took into account the public interest in security and estimated that Stürm's release…