Facts
The complainant [Y.] was taken into custody on 19 July 2004 in the context of the investigations into the murder of [B.] and was released again on 13 August 2004. On 10 March 2006, the cantonal court of first instance discontinued the criminal proceedings against [Y.] . [Y.] applied to the court of first instance for compensation of CHF 29,486.-- plus 5% interest since 10 March 2006 for the unjustified disadvantages he suffered as a result of the criminal proceedings. The Administrative Court of the Canton of Schwyz dismissed the complaint in its entirety on 16 April 2007.
[Y.] lodged a complaint with the Federal Court and requested that the judgment of the Administrative Court be set aside and that he be granted compensation. The Government Council and the Administrative Court requested that the complaint be dismissed.
Considerations
The Federal Court examined the complaint and came to the conclusion that the complaint in public law matters is not admissible, as the amount in dispute of CHF 30,000.-- was not reached. Instead, the Federal Court considered the complaint as a subsidiary constitutional complaint.
The Federal Court found that the Administrative Court had rightly decided that the complainant had not culpably caused the investigation by his behavior. However, the complainant had strengthened the initial suspicion against him with his partially untrue and contradictory statements and had given the investigating judge reason to take him into custody.
The Federal Court came to the conclusion that the complainant had thus not only…