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The present judgment is subject to editorial revision before its reproduction in final form in the Reports of Judgments and Decisions for 1997. These reports are obtainable from the publisher Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Köln), who will also arrange for their distribution in association with the agents for certain countries as listed overleaf.
Switzerland – person detained in various cantons pending trial unable to have the lawfulness of his detention reviewed by a court
Applicant unable to obtain a decision on lawfulness of his detention from Federal Court – could not be criticised for failing to take all possible steps he had not already taken – in a position of great legal uncertainty as he had had to expect to be transferred from one canton to another at any moment, in which eventuality courts of the transferring canton no longer had jurisdiction to decide lawfulness of his detention.
While remedies had existed in each canton, they had been ineffective in applicant’s situation. Where a detained person was continually transferred from one canton to another, it was for State to organise its judicial system in such a way as to enable its courts to comply with requirements of Article 5 § 4.
Conclusion : preliminary objection dismissed, violation of Article 5 § 4 (unanimously).
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