Swiss Probe Hindered by Rights of Victims & Suspects to Attend Questioning
Accused, victims, and their families have the right to be present during questioning. This can complicate and delay investigations, critics from law enforcement and the political sphere argue. For some time, there has been a desire to restrict the rights of both the accused, and victims.
Christian Pidoux is the father of one of the victims of the Crans-Montana fire disaster. He attends a hearing of the bar operators in mid-February, prominently displaying a photo of his deceased son on his shirt. He stated he was there to allow the bar operators to see the eyes of the fathers, brothers, and sisters of those who perished in the bar.
The questioning by the public prosecutor’s office in the Crans-Montana case: a media spectacle. Interest is immense. For example, dozens of relatives and over 50 victim lawyers were present at a hearing of the bar operators in mid-February.
Police Representative Criticizes Lengthy Proceedings
Christian Brenzikofer is Vice President of the Conference of Cantonal Police Commanders. He views it critically that so many participants are allowed to be present during questioning. “We see simply a logistical problem. You require premises, you have to find dates that suit everyone. This means a longer procedure,” said Brenzikofer, who is also commander of the Bern Canton Police.
He raises another point: As accused also have the right to be present at all interrogations, they can overhear what other accused say and adjust their statements accordingly.
those being questioned are influenced when they have many people behind them listening to the interrogations, according to Brenzikofer.
Problem Known in Federal Parliament
The public prosecutors also see a need for action, as they confirm on request, as do the presidents of the legal committees of the National Council and the Council of States. “From the cantons, we know that investigations and criminal proceedings have been approximately 50 percent longer since the introduction of the new Criminal Procedure Code in 2011. What we have is a shortcoming that needs to be remedied,” says SVP National Councillor Barbara Steinemann.
However, resistance in parliament is foreseeable. An attempt to restrict the rights of the accused and victims failed a few years ago. Even then, the left and the center resisted.
Center National Councillor Philipp Matthias Bregy recalled that there was a good reason why accused are allowed to be present at all interrogations: “There needs to be a certain equality of arms, a balance between the rights of the public prosecutor’s office and the rights of the defense, in order to guarantee a fair trial.”
SP National Councillor Min Li Marti reminded that there was a good reason why accused are allowed to be present at all interrogations: “There needs to be a certain equality of arms, a balance between the rights of the public prosecutor’s office and the rights of the defense, in order to guarantee a fair trial.”
Police Representative Wants to Act
Despite resistance: With a view to the Crans-Montana case, the police representative is currently working on a new proposal. Specifically, it concerns a motion from the canton of Bern, which aims to restrict the rights of those questioned and victims. “One does not have to be present at every interrogation. It is sufficient to be able to ask questions only once during the course of the proceedings,” said Brenzikofer.
In the Crans-Montana case, the interrogations will continue in early April – again with dozens of relatives and lawyers present. The legal processing of the fire disaster is therefore still at the very beginning.