Facts
The complainants, eight unsuccessful asylum seekers and two organizations, filed a criminal complaint with the Office of the Public Prosecutor of the Canton of Zurich against Councilor Mario Fehr and other representatives of the Security Department of the Canton of Zurich and the cantonal administration, as well as ORS Service AG, on May 26, 2020. The accused were alleged to have committed offenses such as abandonment, coercion, bodily harm, and violation of regulations on the prevention of the transmission of diseases.
The Public Prosecutor's Office II of the Canton of Zurich submitted the complaint against Councilor Mario Fehr to the Office of the Public Prosecutor with the request to obtain an authorization decision from the Cantonal Council to initiate criminal proceedings. The Court of Appeal dismissed the application, refusing to consider it insofar as possible violations under the Epidemics Act were at issue; otherwise, the Public Prosecutor's Office was not granted authorization for prosecution.
The complainants lodged an appeal in public law matters against the decision of the Court of Appeal and requested that the decision be set aside and authorization for the conduct of criminal proceedings be granted.
Considerations
2. Authorization for Prosecution
The Federal Court examined whether the requirement of authorization for criminal investigation applies to the respondents. According to Art. 7 para. 1 CrimPC, the criminal authorities are obliged to initiate and conduct proceedings within their jurisdiction if they become aware of criminal offenses or suspicious circumstances indicating a criminal offense.
3. Scope of Application of Art. 7 para. 2 lit. b CrimPC
The Federal Court ruled that Art. 7 para. 2 lit. b CrimPC is to be interpreted restrictively and that private individuals to whom public tasks are assigned are generally exempt from the requirement of authorization, unless compelling…