Facts
The complainant [A.] was accused of property damage by spray painting on May 11, 2016, at the BLS Depot Holligen. The Regional Public Prosecutor's Office of Bern-Mittelland conducted a criminal investigation and ordered the identification service recording and creation of a DNA profile for [A.] on October 13, 2016. [A.] filed a complaint with the High Court of the Canton of Bern, Complaints Chamber in Criminal Matters, and requested the revocation of the contested ruling. The High Court dismissed the complaint, insofar as it was entertained. [A.] filed a complaint in criminal matters with the Federal Court and requested the revocation of the High Court's decision.
The Office of the Attorney General and the High Court waived their statements. The complainant was investigated for property damage pursuant to Art. 144 SCC, and a baseball cap was secured near the crime scene, which showed a match with the complainant's existing DNA profile.
Considerations
The Federal Court has admitted the complainant's complaint in criminal matters, as the decision of the lower court is to be qualified as a final decision that can be appealed pursuant to Art. 90 FSCA. The complainant participated in the proceedings before the lower court and is entitled to file a complaint as the addressee of the coercive measures.
The creation of a DNA profile can be used to clarify a crime or offense in order to identify the perpetrator of crimes that are still unknown to the law enforcement authorities. The DNA profile can also have a preventive effect and thus contribute to the protection of third parties. The identification service recording and data storage can affect the right to personal freedom and informational self-determination, but a minor infringement of fundamental rights is to be assumed.
The complainant disputes the necessity of creating a new DNA profile, as a DNA profile already exists…