Facts
[R.], a primary school teacher in the Canton of Zurich, reviewed her personnel file on April 7, 1993 and removed two documents from it, which she considered unlawful. The Directorate of Education subsequently fined her 300 Swiss francs plus 30 Swiss francs in administrative fees in accordance with the Act of October 30, 1866 concerning disciplinary fines. [R.] appealed the fine decision, which was rejected by the Cantonal Government Council of Zurich.
[R.] then filed a constitutional appeal alleging a violation of Art. 4 of the Federal Constitution and Art. 6 para. 1 of the European Convention on Human Rights.
Considerations
The Federal Supreme Court dismissed the appeal. It held that the disciplinary fine against [R.] did not constitute a "criminal charge" within the meaning of Art. 6 para. 1 of the European Convention on Human Rights. The disciplinary fine law of the Canton of Zurich is formally not part of criminal law, but rather serves to ensure the proper functioning of the administration. According to the case law of the European Court of Human Rights, disciplinary regulations imposing rules of conduct on members of special institutions or professions are generally not to be…