Facts
The historian and publicist Willi Wottreng requested the President of the High Court of the Canton of Zurich to grant him access to criminal records concerning Martin Schippert, known as "Tino", who was the charismatic founder and leader of the motorcycle gang "Hell's Angels Switzerland". The President of the High Court rejected the request, as the protection period for the records had not yet expired and there were legitimate interests of the persons concerned. Wottreng then filed a constitutional complaint, alleging a violation of the freedom of information, freedom of the press, freedom of opinion, and freedom of science.Considerations
The Federal Court dismissed the complaint. It stated that the archived records cannot be considered generally accessible within the meaning of the freedom of information, as the protection period has not yet expired. The freedom of science also does not give rise to a claim to access the records, as the project pursued by the complainant does not necessarily depend on access to the records. The Federal Court then examined whether the contested decision of the President of the High Court withstands the prohibition of arbitrariness.
The Federal Court concluded that the President of the High Court rightly considered the protection of the personality of "Tino" Martin Schippert and his relatives and refused access to the records. Even if "Tino" may be considered a contemporary historical figure, there…