Facts
On April 17, 2010, B. and C. were driving a stolen vehicle on the A1 motorway towards Payerne. Upon arrival of the vehicle, Gendarme D. fired several shots aiming at the lower part of the grille, fatally hitting C. On June 10, 2011, the Fribourg Public Prosecutor's Office dismissed the complaint filed by A. (C.'s twin brother) against D. for murder, negligent homicide or endangerment of life, considering that the use of the firearm was justified and proportionate.
By judgment of March 27, 2012, the Federal Tribunal annulled the dismissal order and remanded the case to the Public Prosecutor's Office to bring the indictment after, if necessary, completing the investigation. On April 4, 2012, A. requested the recusal of the Attorney General in charge of the case since May 1, 2011, considering that his previous positions did not allow for the expectation of an indictment drafted with a view to conviction.
Considerations
The Federal Tribunal upheld the appeal and the request for recusal. It considered that the detailed and peremptorily reasoned dismissal order of June 10, 2011, as well as the subsequent statements of the prosecutor, gave rise to a reasonable apprehension of bias in the event of a possible supplementary investigation. The prosecutor was therefore unable to take over the case while disregarding the opinions he had previously expressed.
The Federal Tribunal…