Facts
On 8 October 1975, explosive attacks were committed against the homes of State Councillor Stucki and lawyer Dr. Hauser in Winterthur. Josef Meichtry, X., Verena Schöb and Martine Hochedez, close to the Divine Light Centre (DLZ) in Winterthur, are suspected of having participated in these attacks. On 9 and 20 October 1975, the Zurich cantonal police conducted searches on the premises of the DLZ on the mandate of the Federal Prosecutor's Office, during which various objects were seized, including a file, various notes, fourteen photographs and a dossier. Erhard Finger, a representative of the DLZ present during the searches, requested that these documents be sealed, which was done.Considerations
The Indictment Chamber considers that Art. 69 para. 3 CrimPC confers on the Indictment Chamber the exclusive competence to decide, from the stage of the investigation proceedings already and up to the trial proceedings excluded, on the admissibility of a search of papers placed under seal and deposited in a safe place. This competence must apply from the preliminary investigation phase, in order to guarantee effective legal protection for the accused.
The Indictment Chamber does not have to proceed itself to the opening and search of the sealed documents, but can limit itself to authorizing the Public Prosecutor's Office to do so, provided that after hearing the interested…