Questão jurídica principal
Whether the non-entry decision on the release request violated Art. 31(4) BV and Art. 5(4) ECHR by denying judicial review of security detention.
Decisão extraída
No. The deprivation of liberty was still covered by a judicially ordered therapeutic measure, and regular review was provided by the statutory framework for the measure.
Fundamentação extraída
The earlier judicial measure had not been terminated; the transfer to prison was only a modality of execution while the measure remained in force. In addition, the law required at least annual review of conditional release, with further cantonal and federal remedies.