Facts
On August 30, 2011, a police operation by the special unit "ARGUS" of the Cantonal Police of Aargau took place in Baden, during which a police officer fired a shot. The Office of the Attorney General of the Canton of Aargau then opened a criminal investigation against the shooter, which it assigned to the Public Prosecutor's Office of Brugg-Zurzach. However, the Police Command refused to disclose the identity of the police officers involved in the operation to the Public Prosecutor's Office.
The Public Prosecutor's Office granted anonymity to the accused person and three witnesses involved in the police operation and applied to the Compulsory Measures Court for approval of this assurance. However, the Compulsory Measures Court did not consider the application, as the Cantonal Police had not yet disclosed the identity of the police officers concerned to the Public Prosecutor's Office.
By order dated December 21, 2011, the Public Prosecutor's Office obliged the Commander of the Cantonal Police of Aargau to provide the full personal details of the police officers involved in the operation, including their specific operational function, in writing within ten days. The Commander filed a complaint against this order, which was dismissed by the High Court of the Canton of Aargau.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that the police must generally disclose to the public prosecutor's office all the facts relevant to the assessment of a criminal offense and the accused person, in particular the identity of the persons involved in a criminal offense. This also applies when the public prosecutor's office is conducting a criminal investigation against a police officer.
The right to…