Facts
At the request of Z., the Arrest Judge issued an arrest warrant against X. and Y. on 9 February 2007. The arrests were executed on 12 February 2007, with the respondents and their legal representative present. On 12 March 2007, the legal representative of the respondents filed an objection to the arrest warrant.
The Arrest Judge partially upheld the objections and reduced the arrest claim. The applicant appealed this decision to the Cantonal High Court of Bern, which overturned the first instance decision on 17 August 2007 and dismissed the objections.
The objectors (appellants) have filed a civil law appeal against this with the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the decision on the appeal of the objection decision is a provisional measure within the meaning of Art. 98 BGG, in which only the violation of constitutional rights can be challenged.
The Cantonal High Court had dismissed the objections as late, as it had set the start of the objection deadline to the time of the arrest execution on 12 February 2007. The Federal Supreme Court sees this as arbitrary, as according to the prevailing doctrine and case law, only the service of the…