Facts
The Office of the Attorney General of the Canton of Bern and the Cantonal Police of Bern appealed against a decision of the High Court of the Canton of Bern, which classified the order for a DNA analysis and identification measures against the 18-year-old appellant A. as disproportionate and ordered their destruction.
A. was suspected of insulting and obstructing the officers during a police check. At the time of the measures, he was 18 years old and had no serious prior convictions.
Considerations
The Federal Supreme Court upheld the decision of the High Court. It stated that the ordered measures did not serve to clarify the current criminal offense, but to identify possibly future, still unknown offenses. However, significant and concrete indications of the appellant's involvement in serious offenses would be required for this, which was not the case here.
The Federal Supreme Court emphasized that DNA analyses and identification measures must not be carried out routinely, but require an individual case assessment…