Federal Court Decision on Victims' Rights in Criminal Proceedings

Facts

On July 21, 2004, [D.] lost control of his motorcycle and died from his injuries after being hit by a taxi driven by [X.] . The investigating judge issued a non-suit following this fatal accident. The relatives of [D.] (his widow [A.] and his children [B.] and [C.] ) requested the reopening of the investigation, invoking a violation of their rights as victims under the Victim Assistance Act (LAVI). Their appeals were rejected by the Indictment Chamber of the Canton of Vaud.

Considerations

The Federal Court partially upheld the nullity appeal of [D.] 's relatives. It considered that, although the LAVI does not grant them a general right to participate in the criminal proceedings, they have the right to request that a court rule on the non-suit issued by the investigating judge, in accordance with Art. 8 para. 1 let. b LAVI.…