Request for Recusal against Public Prosecutor Drazen Kondzic

Facts

The Public Prosecutor's Office of Basel-Landschaft, Main Department BM/OK, is conducting criminal proceedings against [B.] , [C.] , [D.] and [A.] on suspicion of qualified violations of the Narcotics Act. The proceedings are being led by Public Prosecutor Drazen Kondzic. The accused [B.] , [C.] , [D.] and [A.] each filed requests for recusal against Prosecutor Kondzic. The Cantonal Court of Basel-Landschaft, Criminal Law Division, dismissed the requests for recusal. The accused then filed appeals in criminal matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court holds that the Cantonal Court was not allowed to dismiss the requests for recusal solely on the grounds that the most recently criticized conduct of the public prosecutor was not sufficient in itself to establish a duty of recusal. Rather, within the framework of an overall assessment, it must be examined whether the alleged misconduct of the public prosecutor,…