Facts
The appellant [X.] filed a criminal complaint on December 23, 2009 against three officers of the Zurich City Police for abuse of office, endangerment of life, and bodily harm. The criminal proceedings were initially discontinued by the public prosecutor's office, whereupon [X.] filed an appeal. The High Court of the Canton of Zurich overturned the discontinuation order and referred the matter back to the investigating authorities for further interrogations. With a renewed order dated February 8, 2012, the public prosecutor's office discontinued the criminal proceedings.
Against this discontinuation order, [X.] filed an appeal with the High Court and requested that he be granted free legal assistance for the appeal proceedings. The High Court dismissed this request.
Against the decision of the High Court, [X.] filed an appeal in criminal matters with the Federal Supreme Court. The Federal Supreme Court overturned the order of the High Court and granted [X.] free legal assistance for the appeal proceedings before the High Court, including the appointment of free legal counsel.
Considerations
The Federal Supreme Court stated that [X.] as the alleged victim of unlawful state coercion within the meaning of Art. 10 para. 3 BV, Art. 3 and 13 ECHR, Art. 7 UN Covenant II and Art. 13 of the Anti-Torture Convention, is entitled to an effective and in-depth official investigation of the circumstances that led to his injuries. This entitlement to effective legal protection immediately establishes for [X.] based on Art. 29 para. 3 BV a claim to free legal assistance for the appeal proceedings against the discontinuation of the criminal proceedings, provided that he is indigent and his request is not hopeless.
The Federal Supreme Court concluded that the requests of [X.] …