Facts
The Swiss Radio and Television Company and journalist [A.] requested the Cantonal Court of Grisons to serve two judgments in anonymized form, which were related to an accident on the skeleton track "Cresta Run" on January 25, 2008. The President of the Cantonal Court of Grisons rejected this request, as the judgments were not yet final. The appellants filed a complaint in public law matters and a subsidiary constitutional complaint with the FSCA.
The FSCA had to decide whether the practice of the Cantonal Court of Grisons, which refuses access to non-final judgments, is compatible with Art. 30 para. 3 Cst. The appellants argued that judicial publicity and the control function of the media require that non-final judgments also be made accessible.
Considerations
The FSCA examined the admissibility of the complaint in public law matters and found that the appellants have a current interest in legal protection and are entitled to appeal. The subsidiary constitutional complaint was dismissed, as the complaint in public law matters is admissible.
The FSCA applied the law ex officio and examined the allegations made. It found that the practice of the Cantonal Court of Grisons, which refuses access to non-final judgments, is not compatible with Art. 30 para. 3 Cst. Judicial publicity and the control function of the media require that non-final judgments also be made accessible.
The FSCA stated that the knowledge of judgments does not depend on a particular legitimate interest in information, but that the legitimate interest in information of the…