Canton of Zurich: Supervisory Complaints a Farce in the Department of Interior and Justice

Email to: [email protected]
Date: October 11, 2023

Good day,

Since the introduction of the new, federal Code of Criminal Procedure (StPO) in 2011, the Ombudsman’s Office of the Canton no longer has official authority to handle complaints against public prosecutors.

In connection with excessive and often incorrect penal orders, of which around 20% are subsequently revoked and the proceedings discontinued, there were reports in the “Beobachter” in 2022 and 2023. The Senior Public Prosecutor’s Office of Zurich referred to “isolated cases” of incorrect penal orders in their statements to the “Beobachter”. The Judiciary Committee of the Cantonal Council is also involved concerning the problems of the Zurich public prosecutors. The outcome of a study is awaited.

One would think that the classic supervisory complaint would be a patent remedy to address the current issue, especially since the Ombudsman’s Office can no longer intervene. One would probably not first think of criminal complaints against public prosecutors as a means to combat the problem. However, this presupposes that the institution of the supervisory complaint in the Department of Interior and Justice of the Canton of Zurich actually functions.

According to this report, this does not appear to be the case: https://zurich.observer/newspeak-of-the-zurich-justice-directorate/

How does the Ombudsman’s Office of the Canton view the procedure in the Canton of Zurich against errant public prosecutors when supervisory complaints apparently are no longer taken seriously and addressed?

Kind regards, A. B.

Status: Reply pending

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SMALL SWITZERLAND: GAPS IN THE MEDIA COVERAGE

In most of its scandals,

Switzerland proves to be too small,
and its elite too tightly interconnected (due to Switzerland’s small size, everyone is practically on top of each other),

for its media to report independently and objectively. At best, one receives politically tinted reports and reports that blatantly reveal who is good friends with whom. Switzerland is simply too small to be independent in its media reporting.

Swiss Media Landscape: Manageable Political Blocks

The Swiss media landscape is neatly divided into political blocks, with the bourgeois block having the far greatest media reach.

Most media are thoroughly entangled with politics and the economy, and with their particular interests.

This division of the media into political blocks should at least ensure that the different political currents of the country are balanced. One would think that for every scandal, there would be a publication interested in reporting it from the perspective of their political masters. But this is not the case. Switzerland is simply too small: there are too few editorially independent media that would cover everything that is objectively considered a scandal in an independent and neutral manner. Too many Swiss media report selectively and distort reality according to the agenda of their paymasters. And too often, this agenda is a bourgeois one. In these editorial offices, reports about grievances, which at least people with a social value attitude would consider grievances, simply do not fit. Such reports are not of interest. Much more interesting are reports that reflect the vain interests of the bourgeoisie. The same phenomenon occurs, in the opposite direction of course, in the few Swiss media with a left-wing profile.

Coverage of Public Interest through Media Diversity

In a large country with a colorful, diverse media landscape, there would surely be a paper for every politically colored scandal. Right-wing papers are interested in the scandals of the Left and vice versa, the papers of the Left in the scandals of the Rich. Thus, the media landscapes of Western countries once comprehensively covered the public interest with reports from various political viewpoints. In Switzerland, this coverage does not work because the Swiss media landscape is one-sidedly right-leaning and reports in a one-sidedly right-leaning filtered manner. The few remaining editorially independent and left-leaning media lack the capacity to counterbalance the one-sidedness of the Swiss media landscape due to their marginalization. Therefore, reports that would be standard for publication in other countries are often overlooked in Swiss media.

Gaps in the Spectrum

Firstly, Swiss media houses fail to fully cover the political spectrum. Almost all of them revel in the bourgeois, right-wing corner. Secondly, reports on matters that do not clearly align with the agenda of a Swiss media house stand no chance of being published. If neither distinctly bourgeois nor distinctly left-wing media pick up a story, it simply falls through the gaps in the spectrum of Swiss media coverage. And no one is interested. Because no one cares. Why should they?

The Primitive Relationship of Switzerland to the ECHR

Switzerland has signed and ratified the European Convention on Human Rights (ECHR). So far, so good? However, Switzerland has not signed the Additional Protocol to the ECHR that provides effective protection against discrimination. In this regard, Switzerland is in the “good company” of France and the United Kingdom, which also have not signed this protocol. As a result, the scope of discrimination protection under the ECHR for Switzerland is limited to the articles of the ECHR itself. This means that cases of discrimination related to Swiss federal law, cantonal, or municipal laws—which account for the majority of discrimination cases—cannot be brought before the European Court of Human Rights. What would officially be considered a violation of human rights in the sense of discrimination in any civilized European country, cannot, regrettably, be considered “isolated cases” in Switzerland. Rather, discriminatory denials of rights and abuses of law, to name just two examples from the arsenal of discrimination, are commonplace in Switzerland. If the Swiss can afford outright discrimination hunts on minorities, considered regressive in every civilized culture, then we should not hesitate to call Swiss culture primitive by name.