Facts
The appellant [X.] was monitored by the criminal authorities from December 2012 to April 2014. The conviction is essentially based on numerous translated telephone and audio protocols. [X.] claims that the files are incomplete and the wiretap protocols are not admissible as evidence. The Federal Court finds that the files are indeed incomplete and the appellant's right to be heard has been violated.Considerations
The Federal Court states that the files do not contain all the necessary information on the surveillance measures carried out. It is not clear what type of surveillance measures were carried out, where, by whom, at what time, and with what result. There are also important details missing regarding the wiretap protocols, such as how they were obtained, the identity of the translators, and whether they were informed of the criminal consequences under Art. 307 of the Swiss Criminal Code. The lower court will have to instruct the public prosecutor's office to fulfill its documentation and file management obligations.
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