Facts

In a criminal proceeding against [A.A.] , one of the sons of Federal Councillor [A.] , the accused requested the District Court of Hinwil to exclude the public and court reporters from the main hearing. The District Court excluded the public but allowed the accredited court reporters to attend the hearing and ordered that the indictment be handed to them at the beginning of the hearing.

The accused appealed this decision to the High Court of the Canton of Zurich. The High Court dismissed the appeal. The accused then filed a criminal law appeal to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the principle of public administration of justice is of central importance under the rule of law and for democracy. Excluding the accredited court reporters from the hearing would constitute an interference with media freedom.

While the accused as a private individual enjoys personality protection, this does not justify a complete exclusion of the…