Facts
The Federal Court decides that the order to create a DNA profile and conduct a forensic identification of the complainant in connection with his participation in a peaceful climate demonstration is disproportionate. The complainant was suspected of being involved in an action at the UBS building in Basel, where there was alleged property damage. The public prosecutor's office then ordered the creation of a DNA profile and forensic identification of the complainant. The complainant filed a complaint against this with the Federal Court. The Federal Court finds that the ordered coercive measures are neither necessary to clarify the underlying offense nor to prevent possible future crimes. While the law generally provides for the creation of a DNA profile and forensic identification to investigate criminal offenses, in the present case there are no specific and significant indications that the complainant could be involved in further, serious offenses. Furthermore, the demonstration was a peaceful action protected by the freedom of assembly and freedom of expression. The ordered measures are therefore disproportionate.Considerations
The Federal Court explains that the creation of a DNA profile and forensic identification are generally provided for by law to investigate and prevent criminal offenses. In the present case, however, these measures are neither necessary to clarify the underlying offense nor to prevent possible future offenses. For the clarification of the underlying offense, the measures are not necessary, as the presence of the complainant at the action is already proven by other means and no traces were secured on damaged objects that would enable a trace comparison. The measures are also disproportionate for the prevention of possible future crimes. While the creation of a DNA profile and forensic identification can generally also serve to investigate future offenses, in the present case there are no specific and significant indications that the complainant…