Facts
L. and St. filed a criminal complaint for assault and battery against M. and G. following an altercation on April 28, 1993. The Attorney General dismissed the complaint on June 29, 1993, considering that the statements collected did not allow the facts to be reconstructed and that further investigative measures appeared unnecessary. St. appealed against this decision, but was dismissed by the Indictment Chamber on September 13, 1993.
On July 1, 1993, St. had requested free legal aid, which was refused on July 7, 1993 on the grounds that an appeal against the dismissal order would be doomed to failure. On September 17, 1993, the President of the Court of Justice dismissed St.'s appeal against this refusal of legal aid.
St. then filed a public law appeal with the Federal Tribunal, requesting the annulment of the decision of September 17, 1993 and the granting of free legal aid for the cantonal proceedings.
Considerations
The Federal Tribunal dismissed the appeal, both as a public law appeal and as an administrative law appeal.
With regard to the public law appeal, the Tribunal recalled the principles relating to the right to free legal aid guaranteed by Art. 4 of the Federal Constitution. It considered that, based on the results of the investigation and the testimonies, it was impossible to determine the origin and author of the injuries suffered by St. The cantonal authorities were therefore entitled to think that the truth would never be revealed and that the implementation of other investigative measures would not provide new elements. The refusal of legal aid therefore did not violate either Art. 143A of the Geneva Judicial Organization Act or Art. 4 of the Federal Constitution, as St.'s claims appeared unfounded and an appeal against the dismissal order doomed to failure.
With regard to the administrative law appeal, the Federal Tribunal considered that Art. 3…