Facts
On 22 April 1994, a police officer, [G.], participated in an arrest operation by the cantonal police of Zurich against suspected drug traffickers in the district of Andelfingen. During this operation, a shot was fired from his service weapon, injuring a suspect, [K.], who suffered injuries to the spinal column and spinal cord, resulting in paralysis of both legs.
The single judge in criminal matters of the district of Andelfingen convicted [G.] on 30 August 1996 of serious bodily injury through negligence under Article 125, paragraph 1, of the Swiss Criminal Code (SCC) in relation to Article 125, paragraph 2, SCC, to a fine of 500 Swiss francs. The victim's claims for compensation and indemnification were referred to the procedure in accordance with the law on state liability of the canton of Zurich.
The cantonal court of appeal of Zurich acquitted the accused on 6 November 1997 on appeal. It did not rule on the victim's claims for compensation.
The cantonal court of cassation of Zurich dismissed on 12 April 1999 the cantonal nullity complaint filed by [K.] against this decision, insofar as it was admitted.
[K.] filed a nullity appeal with the Federal Court with a main request to annul the judgment of the cantonal court of appeal of Zurich. He also requested free legal assistance.
The Federal Court did not admit the nullity appeal, but granted the request for free legal assistance.
Considerations
The Federal Court considered that the victim who only has a public law claim against the canton and cannot assert civil claims against the allegedly faulty official does not have the right to file a nullity appeal.
The Federal Court also considered that the documents supporting a request for legal assistance must provide information on the applicant's income,…