Facts
The Office of the Attorney General of the Canton of Bern has filed an appeal against the decision of the High Court of the Canton of Bern, which had rejected the order of the Public Prosecutor's Office to create a DNA profile of A. A. is accused of having participated in several demonstrations and having committed offenses such as obstruction of an official act, disobedience to an official order, and breach of the peace.
The Public Prosecutor's Office had ordered the creation of a DNA profile in order to clarify other offenses already committed or future ones. However, the High Court had considered this order disproportionate, as there were no concrete indications that A. had been or could have been involved in offenses of a certain severity.
Considerations
The Federal Supreme Court confirms the decision of the High Court. It states that the creation of a DNA profile, which does not serve to clarify the offenses of an ongoing criminal proceeding, is only proportionate if there are significant and concrete indications that the accused could be involved in other - even future - offenses. These must be offenses of a certain severity.
In the present case, the Federal Supreme Court does not see such…