Kernrechtsfrage
Whether the police treatment amounted to a deprivation of liberty triggering direct judicial review under Art. 31(4) BV
Extrahierter Entscheid
The initial hour in the cordon was only a restriction of movement, but the subsequent handcuffing, transport to the police station and confinement in a cell for about 3.5 hours constituted a deprivation of liberty.
Extrahierte Begründung
The court distinguished between mere restriction of movement and deprivation of liberty by looking at nature, effect, modalities and duration. The specific intensity of the measures, especially the restraints and cell detention, crossed the constitutional threshold.