Questão jurídica principal
Whether the rejection of the complaint against security detention violated personal liberty and Article 5 ECHR because no flight risk existed.
Decisão extraída
The detention order was compatible with personal liberty because, given the serious sentence and the appellant's links to Turkey, the Obergericht could reasonably find a substantial risk that he would evade execution by not returning to Switzerland.
Fundamentação extraída
The Federal Court reviewed the cantonal law on detention freely, but deferred to factual findings unless arbitrary. It held that the severity of the three-year custodial sentence, the appellant's regular stays in Turkey, his children's residence there, his immediate return there after trial, and his own statements about not returning were concrete indicators of flight risk.