Facts
The case concerns a historian, [K.], who requested the General Secretariat of the Federal Department of Justice and Police to lift the secrecy of the former extraordinary federal investigating judge, [W.], in order to discuss with him a case related to a former Attorney General. The request was forwarded to the Indictment Chamber of the Federal Court, which refused to consider it.
The facts date back to 1957, when [W.] conducted a preliminary investigation into a former federal police inspector, U., who was convicted of political espionage and breach of secrecy. [K.] wishes to write a biography about P., who is connected to this case.
Considerations
The Indictment Chamber considered that the extraordinary federal investigating judge is an official within the meaning of Article 110, paragraph 4, of the Swiss Criminal Code (SCC) and is therefore subject to secrecy. The Indictment Chamber is the competent higher authority to lift secrecy, even after the cessation of service.
The Indictment Chamber also considered that the holder of the secret must themselves request…