Facts
The appellant [X.] was sentenced on 9 February 2011 to a prison term of 11 months for simple bodily harm with a dangerous object, assault, property damage, and obstruction of justice. The execution of the sentence was suspended in favor of a therapeutic measure. The Cantonal Court of Bern essentially confirmed the first-instance convictions on 24 June 2011 and imposed a prison term of 14 months, which it suspended in favor of a therapeutic measure pursuant to Art. 59 SCC, as well as a fine of CHF 800.--.
The Cantonal Court decided on 6 October 2015 that the therapeutic measure would be revoked due to the unavailability of a therapy place and [X.] would be released from the measure, unless he could enter the Rheinau Clinic or another suitable institution by 29 February 2016 at the latest. An appeal against this decision was dismissed by the Federal Court on 29 December 2015, insofar as it was entertained.
The Office for Deprivation of Liberty and Care of the Canton of Bern, Division of Penal and Therapeutic Measures (ASMV), temporarily admitted [X.] to the forensic-psychiatric station Etoine of the University Psychiatric Services Bern on 25 February 2016, as part of the therapeutic measure ordered by the Cantonal Court's judgment of 24 June 2011.
As of 19 May 2016, [X.] was admitted to the Center for Forensic Therapy Rheinau. On 24 May 2016, the Division of Penal and Therapeutic Measures applied to the Regional Court for an extension of the therapeutic measure by five years.
The Regional Court of Berner Jura-Seeland ordered preventive detention until 23 September 2016 on application of the Regional Court of Berner Jura-Seeland on 13 June 2016, with the execution to take place, if possible, in the Rheinau Clinic. An appeal by [X.] against this decision was dismissed by the Cantonal Court of Bern on 8 July 2016.
Considerations
The Federal Court must examine whether the ordering of preventive detention in the proceedings regarding the extension of the therapeutic measure is justified. The appellant argues that there is no statutory basis for preventive detention and that he is being detained without a statutory basis, which violates Art. 31 para. 1 Cst. and Art. 5 para. 1 ECHR.
The Federal Court notes that preventive detention was ordered in the proceedings regarding the extension of the therapeutic measure because a final conviction already exists and there is a sufficient probability that the proceedings will lead to a measure that requires the detention of the person concerned. The special ground for detention of repeat offense is given if it is to be seriously feared that the accused person will significantly endanger the security of others by committing crimes or serious offenses, after having previously committed similar crimes.
The Federal Court examines whether a special ground for detention exists and whether the…