Personal hostilities lead to escalation in the Canton Schwyz
The justice crisis in the Canton Schwyz was caused by hostilities between the cantonal court and the department of public prosecution, concludes Dick Marty, who investigated the affair on behalf of the cantonal government.
The Canton of Schwyz assigned the former council of state of the Canotn of Ticino with the investigation of the department of public prosecution and procedures within the government. Marty presented his report, which was to shed some light on the increasingly unmanageable situation, to the media on Wednesday.
Marty sees the origin of the affair in an old dispute between the public prosecutor Georg Boller and the cantonal court president Martin Ziegeler. The dispute had already come up in an expert report ordered by the Parlamentarian Investigatory Commission (PUK) of the Council of Schwyz in 2009. At the time, the cantonal council had decided not to go public with the expert report, written by Jürg Sollberger, but after details of the report had been leaked to the media, the violation of professional confidentiality was brought to trial. This was when the situation started to get out of hand.
Spying on interrogation department
Ziegler decided to take a closer look at the interrogation department (now the public prosecution). The cantonal court appointed a special public prosecutor, René Räber, who happened to have friendly ties with Ziegler, to investigate the indiscretions. Räber then went ahead and had the members of the interrogation department's phones and computers tapped. To Marty, these actions are not only shocking, but in many ways inacceptable. Ziegler, being personally involved, should have stayed out of it. Also, the cantonal court was not responsible for the criminal trial in the first place.
It is also probable, that the wire tapping was illegal, Marty says. The people affected had not been informed. To his knowledge, this has never happened at a department of justice and was further unjustifiable, as the report by Jürg Sollberger did not deserve to be conceald. The dispute has now become a fierce and unmanageable battle of complaints, lawsuits, appeals, allegations and accusations. Marty sees the decisions made by the cantonal court to be overall inappropriate and possibly even illegal in soem parts.
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