Violation of the Duty to Keep Records and Granting the Right to be Heard

Facts

The case concerns a complainant who was sentenced to 16 years and 3 months of imprisonment and detention for intentional homicide, assault, gang-related theft, and other offenses. On his appeal, the High Court of the Canton of Solothurn lifted the detention order and ordered an inpatient therapeutic measure. The Department of the Interior later applied to the Solothurn-Lebern Magistrate's Court for an extension of this measure by 5 years.

In this proceeding, the complainant's defense counsel requested that the complete, paginated execution files be served on him or at least that a list of all files be prepared. The President of the Magistrate's Court dismissed the request, whereupon the defense counsel filed a complaint. The Complaints Chamber of the High Court dismissed the complaint.

Considerations

The Federal Supreme Court states that the authority's duty to keep records is the counterpart to the party's right to inspect files and present evidence under Art. 29 para. 2 of the Federal Constitution. Art. 100 para. 2 of the Criminal Procedure Code requires the systematic filing of the files and their continuous recording in an index.

The Federal Supreme Court emphasizes that a non-chronologically updated systematic recording and pagination of the file contents constitutes a hindrance to the defense and the authorities involved, which can jeopardize the assessment on a sufficient factual basis. The dossiers, especially…