Right to Publicity of the Criminal Decision in Criminal Administrative Procedure

Facts

In this case, W. filed a criminal complaint with the UIFO (Federal Office of Civil Aviation) against a pilot of a single-engine sports aircraft for having flown at low altitude (less than 100 m) over the locality of Quinten/SG on three occasions. W. requested to be a party to the criminal administrative procedure as an injured party and to have full access to the file, which was refused by the UIFO. The Indictment Chamber of the ECHR (Federal Supreme Court) dismissed W.'s appeal against this decision.

Subsequently, W. requested the UIFO to be able to consult the criminal decision rendered in this case, which was refused. W.'s appeal against this refusal was also dismissed by the UIFO.

W. then filed an appeal with the Indictment Chamber of the ECHR, requesting access to the final criminal decision of the UIFO.

Considerations

The ECHR first recalled that an appeal against another administrative measure or delay by the administrative authority allows the violation of federal law, including excess or abuse of the power of discretion, to be asserted. This appeal extends to the activity of the administration during the criminal administrative procedure, from the opening of the investigation to its conclusion.

The Court then considered that the criminal decision rendered according to the simplified procedure of Art. 65 ACLA (Administrative Criminal Law Act) constitutes a decision on the merits of a…