No legitimation of the Turkish Consulate General as private prosecutor

Facts

The case concerns a criminal complaint filed by the Turkish Consulate General against X., Y. and Z. due to allegations in connection with a public gathering on May 1, 2017 in Zurich. The Zurich-Sihl Public Prosecutor's Office discontinued the criminal proceedings against the accused, as the initial suspicion could not be sufficiently substantiated. The Turkish Consulate General then filed a complaint against the discontinuation orders.

The High Court of the Canton of Zurich dismissed the complaints of the Turkish Consulate General, insofar as it entered into them. The Turkish Consulate General then filed a complaint in criminal matters with the Federal Supreme Court, requesting that the High Court's decisions be overturned and the criminal authorities be ordered to conduct further investigations.

Considerations

The Federal Supreme Court dismissed the complaint. It concluded that the alleged criminal offenses of alarming the population (Art. 258 Swiss Criminal Code), public incitement to crime or violence (Art. 259 Swiss Criminal Code), breach of the peace (Art. 260 Swiss Criminal Code) and insulting a foreign state (Art. 296 Swiss Criminal Code) primarily aim to protect collective legal interests and do not protect individual legal interests that would be impaired as a direct consequence of any potentially criminal act.

Since the Turkish Consulate…