Questão jurídica principal
Whether the Federal Court could hear the detention complaint despite the absence of a cantonal judicial instance under the Juvenile Criminal Procedure Act.
Decisão extraída
The complaint was not admissible because the challenged detention review decision was not a final cantonal decision; the matter had to be dealt with first by the cantonal appellate court.
Fundamentação extraída
Art. 41 JStG requires a cantonal judicial remedy against detention decisions in juvenile matters. The cantonal law provided no such remedy, so the Federal Court could not dispense with the missing instance. Because the legal remedy instruction was wrong, the file had to be transmitted to the competent cantonal court.