Facts
On September 16, 2007, the taxi driver B.X. was stabbed to death in Wetzikon/ZH by C. The perpetrator was at large, although Senior Judge Z. had ordered preventive detention against him by presidential decree of the 3rd Criminal Chamber of the Zurich High Court on August 23, 2007.
On January 23, 2008, the Office of the Attorney General of the Canton of Zurich transmitted to the Cantonal Council of the Swiss Canton of Zurich the request of the Public Prosecutor's Office IV dated January 15, 2008 for authorization to initiate criminal proceedings for negligent homicide against the President of the 3rd Criminal Chamber of the High Court, Z. On April 21, 2008, the Cantonal Council decided not to grant the request.
By way of subsidiary constitutional complaint, A.X. and Y., the mother and stepfather of the victim, request that this decision of the Cantonal Council be overturned and the matter be remanded to the Cantonal Council for a new assessment.
Considerations
The Federal Supreme Court holds that the decision of the Cantonal Council on the refusal to authorize prosecution against Senior Judge Z. is predominantly of a political nature, but nevertheless subject to the subsidiary constitutional complaint.
The right to life under Art. 10 para. 1 of the Federal Constitution and Art. 2 no. 1 of the ECHR obliges the state to investigate homicides and prosecute their perpetrators. However, prosecution privileges such as immunities of magistrates may be in tension with this right.
The Federal Supreme Court holds that in the present case, the interests…