Mr. Skander Vogt was a Swiss citizen born in 1980. In 1995, he arrived to Switzerland with his sister and both were placed into foster care. In 1996, he was deported from Switzerland to Tunisia. In 1997, he was back to Switzerland.
On January 2001, he was condemned to 20 months in jail for minor offenses. But the judge suspended the sentence and ordered his unlimited detention on the ground of the “mental health” of Mr. Vogt to prevent “endangerment of others” under the notorious article 43 of the Swiss penal code. The applicant was then transferred 19 times between various prisons (EPO, Pöschwies, Thoerberg).
On July 5th 2006, the federal tribunal rejected one of his motion for conditional release.
On November 20th 2006, he submitted an application (see below) to the European Court of Human Rights arguing that his unlimited detention in a prison from June 2001 was in a violation of articles 5 and 4 of protocol 7 of the Convention and that the solitary confinement in “high security wing” and the transfers between prisons were a violation of article 3 of the Convention. He added that the refusal to grant his motion for conditional release were taken in violation of article 6 of the Convention. He is represented by Me Isabelle Coutant-Peyre (Paris).
On January 1st 2007, the article 43 of the penal code was replaced by the new article 64 of the penal code.
On February 27th 2008, his lawyer asked the Court that his application be dealt in priority due to the urgency of the questions raised (art.41 of the rules of the Court).
On March 11th 2010, the applicant is left to die in his burned cell of the prison EPO by laughing wardens and police officers. His lawyer informed the Court that the case is now being pursued by the sister of the applicant.
Today, his application is still pending more than 4 years after being filled and has still not be communicated by the Court to the agent of the Swiss government.