Participation Rights of the Accused in Interrogations of Co-Accused and Entitlement to Appointment of an Official Interpreter

Facts

The appellant [X.] was criminally prosecuted by the Public Prosecutor's Office of Brugg-Zurzach on suspicion of a qualified violation of the Narcotics Act. He was arrested on 29 March 2012 and remanded in custody on 31 March 2012. The Public Prosecutor's Office rejected his request to be allowed to participate in the interrogations of co-accused and to have an official interpreter also for consultation meetings with his defense counsel. The High Court of the Canton of Aargau confirmed these decisions. The appellant filed a complaint against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court has partially upheld the complaint. It states that the appellant has a fundamental right to participate in the interrogations of co-accused, as Art. 147 para. 1 CCP grants the parties a right to participate in the taking of evidence. This right can only be restricted under narrow conditions, such as the risk of collusion. Since the appellant has already been interrogated several times regarding the alleged offenses, there is no longer any reason to exclude him from the interrogations of the co-accused.

However, the Federal Supreme Court dismissed the complaint regarding the claim for the appointment of an official interpreter for consultation meetings with the defense counsel. The law does not grant an entitlement that the same interpreter used for the…