Facts
The appellant [X.] was sentenced by the High Court of the Canton of Bern to a prison sentence of four years, a fine of CHF 20,000.-- and an unconditional expulsion from the country for 10 years for multiple and qualified violations of the Narcotics Act, multiple and qualified money laundering and violation of the Unemployment Insurance Act.
The appellant filed a request for conditional release from prison, which was partially granted. The Division of Penal and Measures Enforcement of the Office for Detention and Care granted the appellant conditional release with a probation period of two years, but refused him the suspension of the execution of the ten-year expulsion from the country.
The Administrative Court of the Canton of Bern confirmed the decision of May 22, 2001. The appellant filed an administrative appeal with the requests to repeal the decision of the Administrative Court of the Canton of Bern and to provisionally suspend the execution of the expulsion from the country pronounced on October 10, 2000.
Considerations
The Federal Court examined the administrative appeal and found that the lower court had assessed the appellant's chances of resocialization in Albania as better or at least not worse than in Switzerland.
The Federal Court stated that the authority decides on the provisional suspension of the expulsion from the country according to its discretion and the decision must be based on objectively justifiable grounds. The Federal Court only repeals the decision if the cantonal instance considers legally non-relevant aspects or wrongly weighs…