Facts
The case concerns the entitlement of an indigent party to free legal representation under Art. 29 para. 3 of the Swiss Federal Constitution (BV). The appellant was represented free of charge by the Bern Legal Advice Center for People in Need and therefore requested the appointment of free legal counsel. The lower instance rejected this, as the appellant was already represented free of charge by the advisory center.
The Federal Supreme Court had to assess whether the entitlement to free legal representation exists despite the representation by the non-profit advisory center. In particular, it was a question of under what conditions the services of a non-profit organization can make the state's entitlement to free legal assistance under Art. 29 para. 3 BV subsidiary.
Considerations
The Federal Supreme Court states that the entitlement to free legal representation under Art. 29 para. 3 BV is generally a state responsibility. However, the services of a non-profit organization that provides legal representation without significant cost reimbursement can make this entitlement subsidiary if the following conditions are met:
- The organization must pursue a non-profit purpose.
- It must provide the offer of legal representation without…