Facts
By judgment of the District Court of Pfäffikon dated February 5, 2015, the accused [F.] and the co-accused I. were found guilty of attempted intentional homicide. The accused, the prosecuting authority, and the private plaintiffs [E.], [G.], and [H.] appealed against this judgment. However, the latter withdrew their appeal.
In the appeal proceedings against [F.] and I., the private plaintiffs [E.], [G.], and [H.] each requested the exclusion of the public (audience and media) from the appeal hearing and the pronouncement of the judgment. The High Court of the Canton of Zurich followed these requests and ordered the complete exclusion of the accredited court reporters from the appeal hearing and the oral pronouncement of the judgment.
A., B., C., and D. filed a criminal law appeal to the Federal Supreme Court against these presidential decrees of the High Court.
Considerations
The Federal Supreme Court found that the complete exclusion of the accredited court reporters from the appeal hearing and the oral pronouncement of the judgment violated the principle of public administration of justice as well as the freedom of the media and information.
While the principle of public administration of justice can be restricted in accordance with Art. 70 CPC if this is necessary to protect the legitimate interests of a person involved, in particular the victim, in the present case the interests of the public and the media in…