Facts
The appellant, a 20-year-old Swiss citizen, was taken into investigative custody in February 2020 and charged in June 2021. The Winterthur Juvenile Prosecution Office accuses him of various crimes and offenses, including rape, sexual coercion, and extortion. The appellant applied for his release from custody, which was rejected by the Coercive Measures Court of the Winterthur District. The High Court of the Canton of Zurich dismissed the appeal lodged against this decision.
The appellant then appealed to the Federal Court and applied for the reversal of the contested decision and his immediate release from custody. He argued that the assumption of a risk of flight and collusion was contrary to federal law and that the duration of his detention was disproportionately long.
Considerations
The Federal Court examined the appeal and came to the conclusion that the assumption of a risk of flight by the lower court was not contrary to federal law. The appellant had contacts with his father living in Kosovo and other relatives, and his living conditions were unstable. The threatened sanction, a possible prison sentence of 10 years or a custodial measure, could be considered a significant indicator of a risk of flight.
The Federal Court also found that the duration of detention of approximately 20 months had not yet approached the penal sanction that the appellant…