Questão jurídica principal
Whether the arrest violates Art. 59 BV as against the appellants
Decisão extraída
No. The arrest was directed against Josef Iten, not against the appellants; moreover Iten was already in bankruptcy and therefore not a protected solvent debtor under Art. 59 BV.
Fundamentação extraída
Only the person against whom the arrest is directed may invoke that constitutional protection, and only if he is an upstanding debtor with a Swiss domicile.