Facts
On December 5, 1991, the Radio Monitoring Section of the PTT General Directorate detected a telephone conversation conducted over an unauthorized wireless telephone (cordless telephone, consisting of a base unit and a wireless mobile device) connected to the complainant C.'s line, recorded it, and filed a criminal complaint on the same day. On December 11, 1991, the Bern Telecommunications District Directorate initiated criminal proceedings against C. on suspicion of a violation of the Telegraph and Telephone Traffic Act (TVG). Based on a search warrant issued by the Bern Telecommunications Directorate on December 13, 1991, C.'s residence was searched on January 21, 1992, but no unauthorized devices were found. However, C. admitted to having previously used such a telephone "for testing" purposes, but stated that this was no longer the case and that the device had been destroyed.
In a complaint filed on January 24, 1992, C. challenges the search to the Federal Court's Indictment Chamber and requests "to declare the previous actions of the PTT as illegal and consequently null and void". The PTT General Directorate requests that the complaint be dismissed.
Considerations
The Federal Court takes up the complaint insofar as it is directed against the interception and recording of the conversations conducted over the unauthorized mobile phone. It states that the administrative authorities are not authorized to order the monitoring of postal, telephone, and telegraph traffic in administrative criminal proceedings, as neither an administrative authority has been designated as responsible for this measure, nor has this measure been made available.
However, in the present case, there is no telephone monitoring in the proper sense, as the PTT operations are entitled to monitor the unauthorized frequency range used by C. based on their statutory mandate to ensure the technically trouble-free handling of telecommunications traffic and to monitor the proper use of telecommunications facilities. This…