Key legal question
Whether possession of a mobile phone is prohibited for convicted persons in open prison facilities under Zurich prison regulations.
Extracted holding
Yes. The court held that the cantonal regulation bars convicted persons from possessing devices used to communicate with the outside world, including in open institutions.
Extracted reasoning
The court deferred to the cantonal authority's interpretation that § 114(3)(d) JVV applies to all convicted persons. Section 124 JVV concerns security measures in closed institutions and is aimed at non-convicted third parties, not inmates. No arbitrariness or violation of federal law, including Art. 74 StGB, was shown.