Facts
The complainant, René Noth, caused a traffic accident in the city of Fribourg and was subsequently charged with violating the Road Traffic Act and negligent bodily harm. The complainant, who is a native German speaker, requested that the criminal proceedings be conducted in German, but this was rejected by the Indictment Chamber of the Cantonal Court of the Canton of Fribourg. The Indictment Chamber decided that the proceedings should be conducted in French, as this is the official language of the Sarine district and the city of Fribourg.
The complainant then filed a constitutional complaint with the Federal Court, arguing that the Indictment Chamber's decision violated his language freedom. The complainant argued that he was not proficient in French and that the proceedings should therefore be conducted in German.
Considerations
The Federal Court dismissed the constitutional complaint and decided that the Indictment Chamber's decision to conduct the proceedings in French was constitutional. The court stated that language freedom and the territorial principle are in a relationship of tension with each other, and that the cantons are authorized to take measures to maintain the traditional boundaries of language regions and their homogeneity.
The court found that the Indictment Chamber had considered the specific circumstances of the case and the interests of all parties involved in its decision, and that the decision to conduct the proceedings in French was proportionate and constitutional. The court noted that the complainant was not centrally affected in his individually understood language freedom by the decision, and that the…