Facts
The complainant [A.] was arrested on 9 October 2019 and has been in pre-trial detention ever since. Criminal proceedings are being conducted against him for assault to the detriment of [B.B.] and [C.] . The complainant was taken into pre-trial detention for a maximum of one month on 11 October 2019, which was extended until 11 February 2020 at the latest on 12 November 2019.
On 21 November 2019, the complainant filed a request for release from detention, which the coercive measures court granted on 29 November 2019. The State and Youth Prosecutor's Office of the Canton of Glarus appealed, whereupon the High Court of the Canton of Glarus ordered the complainant's provisional continued detention on 2 December 2019. By decision of 23 December 2019, the High Court granted the appeal of the Public Prosecutor's Office and dismissed the complainant's request for release from detention.
The complainant requests with his complaint to the Federal Court that the decision of the High Court be set aside and that he be released from pre-trial detention. Alternatively, the matter should be referred back to the lower court for a new decision.
Considerations
The Federal Court must examine whether the lower court rightly affirmed the strong suspicion of a criminal act against the complainant. The complainant claims that the lower court violated his right to be heard by not considering exculpatory statements. However, the Federal Court finds that the lower court did not wrongly disregard the exculpatory statements, as they were not suitable to refute the suspicion of a criminal act against the complainant.
The Federal Court further examines whether the lower court rightly affirmed the ground for detention of flight risk. The lower court found that the complainant maintains mainly family relationships in Italy and Kosovo and that he has no fixed social ties in Switzerland. The Federal…