Facts
The complainant, Christoph Mörgeli, filed a criminal complaint against Chief Public Prosecutor Martin Bürgisser with the Directorate of Justice and Home Affairs of the Canton of Zurich on April 2, 2012. He accused him of having stated in a public establishment on March 23, 2012, that the Public Prosecutor's Office would file a request with the competent national council commission to lift the parliamentary immunity of National Councilor Christoph Blocher by the following Wednesday. The complainant claimed that the Chief Public Prosecutor had thereby committed a breach of official secrecy.
The High Court of the Canton of Zurich refused the authorization for the conduct of a criminal investigation with its decision of June 21, 2012. It considered that the information disclosed by the Chief Public Prosecutor had already been publicly known.
The complainant lodged a complaint in public law matters with the Federal Supreme Court and requested that the decision of the High Court be set aside and the authorization for prosecution be granted.
Considerations
The Federal Supreme Court examined its jurisdiction and the admissibility of the complaint. It found that the contested decision constitutes a final cantonal ruling in a public law matter and is therefore subject to complaint in public law matters to the Federal Supreme Court.
The Federal Supreme Court investigated the complainant's prerequisites for standing and found that he could not participate as a private plaintiff in criminal proceedings against the respondent for breach of official secrecy, as he had not been…