Facts
The appellant, [A.] , was charged by the Regional Public Prosecutor's Office of Bern-Mittelland with violence and threats against authorities and officials as well as insult. On 25 January 2021, the public prosecutor's office ordered the identification service recording (photograph, fingerprints, description) of [A.] . The appellant lodged a complaint with the High Court of the Canton of Bern, which dismissed the complaint on 12 March 2021. The appellant then lodged a complaint in criminal matters with the Federal Supreme Court.
The public prosecutor's office and the High Court waived their right to comment. The appellant requested that the decision of the lower court be repealed in its entirety.
Considerations
The Federal Supreme Court examined whether the identification service recording of the appellant was proportionate. It found that the coercive measure was not necessary for the investigation of the crimes of which the appellant was accused in the pending criminal proceedings, but rather was ordered with a view to possible other - already committed or future - offenses.
The court pointed out that the identification service recording may affect the right to personal freedom or physical integrity (Art. 10 para. 2 Cst.) and the right to informational self-determination (Art. 13 para. 2 Cst. and Art. 8 ECHR). It emphasized that restrictions on fundamental rights not only require a legal basis but also must be justified by a public interest and be proportionate (Art. 36 para. 2 and 3 Cst.).
The Federal Supreme Court examined whether the offenses with which the appellant was charged reached the required level of…