The European court of human rights (ECHR) has upheld a complaint from a Aargauers due to the violation of the Right to freedom and security. The ECHR's holding in one on Tuesday published judgment, of the now almost 30-year-old man had just been in the security section of the prison housed, because he was perceived as a danger for third parties.
not This alone, according to the Federal Council made a welfare placement, as in the Swiss civil code stated, to be arranged. The ECHR points out that the protection of members and third parties according to the view of the Federal Council representing only an additional Element for the accommodation.
the primary goal of the placement of a Person in a suitable establishment law was in accordance with the civil book the treatment of a mental disorder or mental retardation, if this could not be done otherwise. In particular, this was in the case of self-harm. There must be, according to the court, therefore, a causal connection between the treatment and the accommodation.
care-related hospitalisation based on the criterion of a personal assistance for a Person. This is what distinguishes them from other government-arranged placements, which were a police measure and the protection of third parties were used.
The court writes, the files show that the man was not in such a serious and acute danger, a criminal legal detention. The placement of the Complainant in prison was, therefore, solely from preventive reasons. Since September 2018, the Aargauer lives in an Institution.
The ECHR has sentenced Switzerland to pay the Aargauer a satisfaction of 25'000 Euro.
The Swiss Parliament wants to hit, among other things, on the basis of the Case of the young Aargauers the youth right to revise. The national Council had transferred in the fall of 2016 on a Motion by the FDP councillor Andrea Caroni (AR) oppositionslos to the Federal Council.
Today, all of the measures in the youth criminal law, if a juvenile offender reaches the age of 25. Years of age. According to the old law, the measures in the achievement of the 22 years of age. Year of life. This provision was for the prostitute killer.
Concerned can rely, for example, a closed establishment. Not only for the offender, which may endanger yourself, or suffers from a mental disturbance, additional measures should be arranged. The law should be changed so that measures for the protection of third parties are permissible.
a Brutal murder
The Aargauer 2008 had been raped as still underage to be a prostitute, brutally murdered. He was sentenced for murder, sexual assault and rape to a according to the youth law met maximum deprivation of liberty of four years.
The juvenile court ordered placement in a closed institution and outpatient treatment. At the end of the Criminal drug dealer can serve the district office in June 2012, a welfare deprivation of liberty had.
the corresponding provision of The amended civil code, with effect from January 2013. The Federal court confirmed in February 2013 that the conditions for the new so-called care-related hospitalisation were before.
Against the confirmation of care-related hospitalisation, up to the next periodic Review of the Condemned, complained. In his judgment of July 2014, the Federal court entered the complaint, to the effect that the freedom of no legal Basis for withdrawal. This question, it is considered that, in its judgment of November 2013, as legally done. (judgment number 1760/15 from 30.04.2019) (Dec/sda)
Created: 30.04.2019, 17:39 PM