Question juridique clé
Whether the Federal Court could directly hear a criminal-law recourse seeking a declaration that preventive detention was unlawful while a cantonal complaint against the detention was still pending.
Solution extraite
No. The Federal Court held that such a direct declaratory recourse is unavailable, and the applicant must first exhaust the ordinary cantonal remedy.
Motifs extraits
A criminal-law recourse lies only against decisions of the cantonal last instance or the Federal Criminal Court. The pending cantonal complaint meant the detention issue had not yet been decided by the last cantonal authority. The Federal Court is not a supervisory body for investigating judges and cannot be seized at any time to review contested coercive measures before ordinary remedies are exhausted.