Facts
The complainant, a child aged seven at the time, had filed a criminal complaint against [H.] for allegedly physically attacking him on May 16, 2000. The child's father, [T.] , had filed the criminal complaint and later the criminal charge for simple assault. The Amtsstatthalteramt Sursee discontinued the proceedings, and the Amtsgericht Sursee acquitted [H.] . The Obergericht of the Canton of Lucerne dismissed the child's appeal.
The child appealed to the Federal Court with a constitutional complaint, alleging a violation of Art. 29 para. 2 Cst. and Art. 12 of the UN Convention on the Rights of the Child, as it had not been personally heard. The private respondent and the Obergericht of the Canton of Lucerne requested the dismissal of the complaint.
Considerations
The Federal Court examined whether the constitutional complaint was admissible and whether the complainant had the status of a victim within the meaning of Art. 2 para. 1 VSA. It found that the complaint of a violation of the right to be heard was admissible, regardless of whether the complainant had the status of a victim.
The court discussed the content of the right to be heard and the significance of the UN Convention on the Rights of the Child. It found that the right to be heard serves the purpose of clarifying the facts and gives the person concerned a right to participate. The court also examined whether the cantonal authorities should have heard the complainant personally and whether this constituted a violation of Art. 29 para. 2 Cst. and Art. 12 of the UN Convention on the Rights of the Child.
The Federal Court concluded that a personal interview…