Jugement Kantonsgericht (VD - Entscheid/2020/376)

Canton:	VD
Case number:	Entscheid/2020/376

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/376 vom 11.05.2020 (VD)

Date:	11.05.2020
Force of law:	-

Summary:	The Swiss Criminal Court has ruled that a person convicted of murder may not be placed in solitary confinement. The solitary confinement was classified as inhumane and degrading. The person had been held in solitary confinement for 19 months before being brought to justice. The court found that the solitary confinement was disproportionate and violated the person's rights to a fair trial. The verdict is an important step for the protection of human rights in Switzerland. More detailed summary: On May 11, 2020, the Swiss Criminal Court ruled that a person convicted of murder may not be taken into solitary confinement. The solitary confinement was classified as inhumane and degrading. The person had been held in solitary confinement for 19 months before being brought to justice. The court found that the solitary confinement was disproportionate and violated the person's rights to a fair trial. The verdict is an important step for the protection of human rights in Switzerland. It confirms that solitary confinement is only permissible in exceptional cases and that the rights of detainees must also be respected in custody. More details: The verdict was made in the case of N.________, who was convicted of murdering his wife. N.________ was sentenced to 20 years in prison by the Tribunal correctionnel de larrondissement de la Broye et du Nord vaudois on 30 January 2019. He was placed in solitary confinement by the Tribunal des mesures de contrainte on April 1, 2020 to prevent his escape. N.________ appealed against the solitary confinement. The Swiss Criminal Court rejected the appeal on May 11, 2020, but found that the solitary confinement was disproportionate. Effects of the judgment: The verdict is an important step for the protection of human rights in Switzerland. It confirms that solitary confinement is only permissible in exceptional cases and that the rights of detainees must also be respected in custody. The verdict is likely to have an impact on the practice of the Swiss authorities in relation to solitary confinement. It is likely that the authorities will use solitary confinement only in rare cases.
Rule of Law:	Art. 227 StPo;Art. 235 StPo;Art. 3 StPo;Art. 382 StPo;Art. 385 StPo;Art. 390 StPo;Art. 396 StPo;Art. 428 StPo;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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