Questão jurídica principal
Whether the cantonal disciplinary appeal had to be heard by an independent and impartial court under Art. 30(1) Cst. and Art. 6(1) ECHR
Decisão extraída
No. A five-day disciplinary arrest, with two days suspended, is an administrative disciplinary measure and not a criminal sanction requiring judicial review.
Fundamentação extraída
Disciplinary sanctions in prison serve order and regular execution of sentences. Under the relevant jurisprudence, disciplinary arrest remains outside Art. 6(1) ECHR and Art. 30(1) Cst. when it does not exceed the threshold that triggers judicial review; here the sanction was below that limit.