Facts
In 2007, a kidnapping and murder case attracted significant media attention. In early 2019, individual press reports and statements by alleged witnesses, suggesting that persons other than the deceased perpetrator may have been involved in the act, once again made headlines. The Swiss Broadcasting Corporation and one of its editors then requested access to the files of the criminal proceedings from the Cantonal Investigating Office of St. Gallen in order to find out whether the witness statements that had been raised in the media had been clarified at the time.
The Investigating Office rejected the request. The complainants appealed against this, but the Indictment Chamber of the Canton of St. Gallen also dismissed the appeal. The complainants then filed an appeal in public law matters with the Federal Supreme Court, requesting that they be granted access to the entire files of the criminal proceedings.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the principle of public administration of justice and the statutory right of public access do not provide a basis for granting access to the files of a legally concluded criminal proceeding. According to the applicable cantonal law, access may only be granted if a worthy interest is credibly demonstrated and there are no overriding public or private interests.
The Federal Supreme Court concluded that the worthy interest required for access to the files does not automatically result from the complainant's role as a media…