Facts
The case concerns Martin Stoll, a journalist who published articles in the « SonntagsZeitung » of January 26, 1997, entitled « Botschafter Jagmetti beleidigt die Juden » and « Mit Bademantel und Bergschuhen in den Fettnapf ». These articles contained passages from a confidential strategic document of the Swiss Minister to the United States, Carlo Jagmetti. The Federal Department of Foreign Affairs filed a criminal complaint against unknown persons for violation of official secrecy (art. 320 SCC). The Attorney General dismissed this case on March 6, 1998, and entrusted the prosecution for publication of secret official debates (art. 293 SCC) to the canton of Zurich.
The single judge in criminal matters of the Zurich district court sentenced Martin Stoll on January 22, 1999, to a fine of 800 francs for publication of secret official debates. On May 25, 2000, the Zurich Cantonal Court dismissed Martin Stoll's appeal, insofar as it was admitted.
Martin Stoll filed a motion for annulment and a public law appeal against the decision of the Cantonal Court. He requests the annulment of this decision.
Considerations
The Federal Court examined the question of whether a possible practice of the Federal Public Prosecutor's Office, consisting of only opening an investigation for publication of secret official debates in the event of a written denunciation by the concerned federal office, is contrary to the principle of legality in criminal procedure. However, this question was left undecided.
The Federal Court rejected Martin Stoll's request for equal treatment in illegality. According to the Federal Court's jurisprudence, a right to equal treatment in illegality is only admitted if a constant illegal practice of the authority is established and the authority indicates that it does not intend to deviate from this practice in the future.
The Federal Court considered that the conditions for such a right were not met in…