Facts
The Public Prosecutor's Office of the Canton of Zug conducted a criminal investigation against FIFA (B1) and two of its officials (B2 and B3) on suspicion of unfaithful business management, possibly misappropriation. By order of 11 May 2010, the Public Prosecutor's Office discontinued the criminal proceedings based on Art. 53 SCC (reparation). Several journalists (Jean François Tanda, Dominique Strebel, Martin Stoll, Renato Beck and Oliver James) then filed requests for access to the files on this dismissal order. The Public Prosecutor's Office granted the requests and determined that the name of FIFA and the names, dates of birth, functions and financial circumstances of B2 and B3 would be disclosed, but not the names of other third parties. B1, B2 and B3 filed appeals against these orders, which the High Court of the Canton of Zug dismissed. Thereupon, B2 and B3 filed appeals in public law matters with the Federal Supreme Court.Considerations
The Federal Supreme Court notes that the principle of public administration of justice and the derived rights to information are of central importance for the rule of law and democracy. They ensure transparency in the administration of justice and enable democratic control. Even in the case of dismissal orders under Art. 53 SCC, where a violation of the law has been affirmed that could have led to a conviction,…