Facts
The Federal Prosecutor's Office opened a criminal investigation against the Tinner family in 2004 on suspicion of violations of the Goods Control and War Materials Legislation. During house searches, extensive electronic data, including plans for the construction of nuclear weapons, were seized. In 2007, the Federal Council decided to destroy these files under the supervision of the IAEA to prevent a proliferation risk. In 2009, the Federal Prosecutor's Office found that copies of these files were still in its archive. The Federal Council then ordered a triage and partial destruction of these files. The Federal Investigating Magistrate's Office (URA) requested the unsealing and search of the remaining files in order to use them for the criminal proceedings. The Criminal Appeals Chamber I of the Federal Criminal Court partially granted this request, to the extent that the Federal Council would make the files accessible to the URA. The Federal Prosecutor's Office appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the only way for the criminal prosecution authorities to regain the files was through legal assistance under Art. 27 of the Criminal Procedure Code. The Federal Council had taken control of the files in order to conduct a triage and withhold certain documents…