Facts
The complainant, son of the deceased prisoner [H.] , requests the annulment of the decision of the Indictment Chamber of the Canton of St. Gallen of 29 May 2013, which denied the authorization to open a criminal proceeding against various respondents. The complainant's father was imprisoned due to allegations of homicide and sexual offenses and died under unclear circumstances in his cell. The complainant claims that the authorities violated their protective duties towards his father and that the preliminary investigations were not conducted independently.
The Indictment Chamber of the Canton of St. Gallen had made the decision of 25 May 2011, in which it denied the authorization for prosecution. The complainant had filed a complaint with the Federal Court against this decision.
Considerations
The Federal Court has annulled the decision of the Indictment Chamber and granted the authorization to open a criminal proceeding against respondents 1-5 and 7. The court found that the preliminary investigations were not conducted independently and that the complainant was not properly involved in the investigations.
The court also found that the risk of suicide for the reported relatives of the prosecution and enforcement authorities was recognizable. The final report of the public prosecutor's office was based in particular on the fact that the prison doctors had not diagnosed any extraordinary mental condition. However, the court also found that the complainant's father was imprisoned in a special detention regime and that there were signs of a possible suicide.
The court finally found that the probability of a violation of protective duties or potential criminal liability due to…