Questione giuridica chiave
Whether the detention from 2004-11-04 to 2004-11-29 was unlawful for state liability purposes
Decisione estratta
No. The detention after the cantonal order expired remained lawful until the federal judge’s review and was later validly confirmed on 2004-11-28.
Motivazione estratta
The federal takeover did not shorten the originally ordered cantonal detention period. Under Art. 51 BStP, filing a timely extension request prevented automatic unlawfulness upon expiry of the 14-day period; the detention remained permitted until the court decided. The later federal detention order was independently valid.