Facts
On June 6, 2013, the Basel-Stadt Cantonal Police arrested the Serbian national X. on suspicion of preparatory acts for robbery. On the same day, they ordered the collection of a buccal swab (WSA) to create a DNA profile. By order of June 8, 2013, the Compulsory Measures Court placed X. in investigative custody. On June 17, 2013, the Public Prosecutor's Office released him from custody. X. then filed a complaint with the Court of Appeal of the Canton of Basel-Stadt and requested that the order for the WSA be declared unlawful and the DNA profile be destroyed. The President of the Court of Appeal dismissed the complaint on July 30, 2013.Considerations
The Federal Supreme Court considers the complaint admissible, as the order for the WSA and the creation of the DNA profile are intended not only to clarify the ongoing criminal proceedings, but also to identify possible further, even future, offenses by the complainant. Therefore, the contested decision has an independent significance beyond the ongoing proceedings.
On the merits, the Federal Supreme Court considers the order for the WSA and the creation of the DNA profile to be proportionate. According to the case law, these measures can be ordered if there is a certain probability that the person concerned could be involved in other -…