Facts
A. is an Estonian businessman living in London. The Public Prosecutor's Office of Lenzburg-Aarau is conducting a criminal investigation against him on suspicion of data damage. On July 5, 2018, A. was arrested by the Cantonal Police of Zurich upon his arrival at Zurich Airport. Before he was locked up unattended in a cell for around 4 hours, the police searched him. He had to undress completely and squat down so that the police officers could inspect his anal area.
A. filed a complaint against the body search. The High Court of the Canton of Zurich dismissed the complaint. A. then filed a criminal complaint with the Federal Supreme Court, requesting that the body search be declared unlawful.
Considerations
The Federal Supreme Court upheld the complaint. It stated that for a body search involving complete undressing and the requirement to squat, there must be serious and concrete indications of a risk of self-endangerment or endangerment of others. Such indications did not arise in the present case:
- The complainant was only accused of data damage, not a violent offense. There were therefore no signs that he could be inclined to violence.
- The complainant behaved cooperatively towards the police officers. The arrest came as a surprise to…