Facts
The applicants [X.] and [Y.] requested full free legal aid from the President of the Cantonal Court of Obwalden in the context of a debt collection lawsuit for an amount of around CHF 162,000.--. The High Court Commission of Obwalden dismissed the applicants' appeal, as it considered their neediness not to be established. The applicants filed a complaint with the Federal Court and requested that the decision of the High Court Commission be reversed, that they be granted free legal aid for all instances, and that an official legal representative be appointed.
The High Court Commission determined the applicants' relevant income to be CHF 9,102.15 and took into account, in particular, the monthly rental income of CHF 1,500.-- from a rented apartment of the applicants. It set a need of CHF 8,101.90 against this income, without including the costs for the rented property claimed by the applicants.
Considerations
The Federal Court reversed the decision of the High Court Commission and remanded the case for completion of the factual findings and a new decision to the High Court Commission. The applicants relied on Art. 11 para. 4 Cst. OW, Art. 29 para. 3 Cst., and Art. 6 para. 1 ECHR to assert their claim to free legal aid.
The Federal Court found that the procedural neediness is assessed according to the overall economic situation of the person seeking justice at the time of filing the application. It also found that the High…