Facts

In this case, there was a police operation in which a police officer had fired a shot. The Public Prosecutor's Office then initiated a criminal investigation against the shooter and demanded from the Police Commander the disclosure of the identity and operational function of the involved police officers. However, the Police Commander refused to release this information, as he was of the opinion that the police officers were entitled to anonymity in the criminal proceedings.

Considerations

The Federal Court decided that the police must generally disclose the identity of the persons involved in a criminal offense to the Public Prosecutor's Office, insofar as it is known to them. This also applies when the Public Prosecutor's Office is conducting a criminal investigation against a police officer. The right to anonymity exists only towards persons who could pose a threat, but not towards the criminal…