Repeal of a stationary measure due to lack of availability of a suitable institution

Facts

The complainant [X.] was sentenced by the High Court of the Canton of Bern on June 24, 2011, to a prison sentence of 14 months, whose execution was suspended in favor of a stationary measure in the sense of Art. 59 SCC. The complainant had been in the Thorberg institutions since November 18, 2011, in the execution of the measure. After various transfers within the institutions and a rejection by the Rheinau Clinic in 2012, the complainant was admitted to the Rheinau Clinic in May 2014, but the entry was delayed due to capacity problems.

The complainant requested on September 17, 2014, the repeal of the stationary measure, which was rejected by the ASMV. The complainant appealed against this decision to the POM, which rejected it. The complainant then appealed to the High Court of the Canton of Bern, which partially upheld the appeal and repealed the measure for the case that the complainant could not enter the Rheinau Clinic or another suitable institution by February 29, 2016, at the latest.

Considerations

The Federal Court dismissed the complainant's appeal against the decision of the High Court of the Canton of Bern of October 6, 2015. The complainant had argued that the stationary measure should be repealed because no suitable institution was available and the continuation or implementation of the measure seemed hopeless.

The Federal Court found that the Thorberg institutions were to be considered a suitable institution within the meaning of Art. 62c para. 1 lit. c SCC, based on the psychiatric expert opinions from 2010. However, the complainant was only briefly in the therapy department of the Thorberg institutions and had to be accommodated in the security departments due to his aggressive behavior.

The Federal Court also found that the Rheinau Clinic was willing to admit the complainant after the new psychiatric expert opinion of September 24, 2013, which diagnosed a schizotypal disorder, but the entry was delayed due to capacity problems.

The Federal Court decided that the lower court had not denied the availability of a suitable institution at the time of the…