Covert Surveillance and Right to Refuse Testimony in a Proceeding for Qualified Violation of the Narcotics Act in a Factual Cohabitation

Facts

The defendants [A.] and [B.] were convicted by the High Court of the Canton of Aargau for a qualified violation of the Narcotics Act. They were accused of importing and selling Crystal Meth in Switzerland. The conviction was based, among other things, on evidence gathered during a covert surveillance operation. The defendants requested the annulment of the conviction and, inter alia, complained that the covert surveillance was conducted unlawfully and that they were not informed of their right to refuse testimony, as they were in a factual cohabitation.

The lower court found that the covert surveillance was conducted lawfully and that the defendants were not in a factual cohabitation. The defendants appealed to the Federal Court and requested the annulment of the conviction.

Considerations

The Federal Court examined the defendants' complaint that the covert surveillance was conducted unlawfully. It found that the lower court had correctly assumed a covert surveillance operation and that the evidence gathered during this operation was admissible.

The Federal Court also examined the defendants' complaint that they were not informed of their right to refuse testimony. It found that the lower court had correctly determined that…