Facts
This case involved two appeals against the decision of the High Court of the Canton of Aargau, in which the assurance of anonymity for two members of the "Argus" special unit of the Aargau Cantonal Police was rejected. Members No. 1 and No. 5 of the special unit had used force against a private complainant during an operation on May 25, 2009 and were subsequently criminally charged.
The appellants argued that they would be exposed to a significant risk to life and limb or other serious disadvantage if their personal details were disclosed. However, the Federal Court concluded that the lower court had rightly rejected the assurance of anonymity, as there were no concrete indications of a serious threat to the appellants.
Considerations
The Federal Court stated that according to Art. 149 para. 1 CCP, the procedural authority must take appropriate protective measures upon request or ex officio if there is reason to believe that a defendant could expose themselves or a close person to a significant risk to life and limb or other serious disadvantage through their participation in the proceedings.
According to case law, a significant risk to life and limb is assumed, for example, if death threats have been made, if corresponding attacks have already occurred, or if such attacks are seriously to be feared given the milieu in which the person in question moves. Another…