Facts
On 16 August 2000, [M.] was provisionally arrested by the Zurich Airport Customs Inspectorate on suspicion of illegally importing gold jewellery and other offences, and was questioned as a suspect. He was placed in pre-trial detention, with the investigating judge authorising the exclusion of his defence counsel from the detention hearings. [M.] filed various complaints against the actions of the customs authorities, which were dismissed by the Federal Customs Directorate. [M.] then filed a complaint with the Federal Criminal Court's Indictment Chamber.Considerations
The Indictment Chamber largely dismissed [M.] 's complaint. However, it found that the investigating officers should have informed the complainant of his right to remain silent during the interrogations following his arrest. This follows from a constitutional interpretation of Art. 31(2) Cst., according to which persons deprived of their liberty must be informed of their rights. The right to remain silent is such a right that must be granted to the accused in order to ensure a fair trial. However, the violation of this duty to…