Facts
On the evening of May 25, 2009, a dispute occurred between the private plaintiff and his wife in their shared apartment in Wohlen/AG. The police were alerted, and the "Argus" special unit of the Cantonal Police of Aargau was called in. During the incident, a member of the special unit used a stun gun against the private plaintiff, and another member fired two shots from the service weapon at the private plaintiff, who was then injured.
The extraordinary public prosecutor appointed by the Cantonal Council of Aargau is conducting a criminal investigation against the two members of the special unit on suspicion of bodily harm. The members requested assurance of anonymity, which the extraordinary public prosecutor and the High Court of the Canton of Aargau rejected.
The members of the special unit have filed a criminal complaint with the request to grant them anonymity for the criminal proceedings.
Considerations
The Federal Supreme Court dismisses the appeals, insofar as it enters into them. It states that the assurance of anonymity under Art. 149 para. 1 and 2 lit. a and Art. 150 para. 1 of the Criminal Procedure Code (CPC) only comes into consideration if there are serious indications of a concrete threat to the person concerned.
In the present case, the lower court has established without violation of federal law that such indications are not given. Although the situation on the evening of May 25, 2009 was particularly…