The case Geri Müller employs the dishes. The latest decision is dated from the middle of April: The Federal court has rejected the appeal of Baden's lawyers Josef Bollag, who resisted the inspection of two journalists in a Setting. In the "Central Switzerland reported on Sunday".
The so-called naked selfie scandal, the former Greens national Council, and Baden, Mayor Geri Müller was in the summer of 2014 public. The "Switzerland on Sunday", as the newspaper was called at the time, reported an acquaintance of Miller's, to a woman, and published the intimate contents of the chat history. Almost five years ago now.
Müller has now disappeared from the political stage. Of the four criminal proceedings which he had initiated because of a violation of his personality rights, two are still pending. Is completed the case against the previous chat partner, she was sentenced in the summer of 2016 for libel, attempted assault and unauthorized recording of conversations by criminal command. The case against a journalist of the "Switzerland on Sunday" was set. However, the court is hearing in the case of the PR-adviser Sacha Wigdorovits, such as the "Republic" reported recently. The Prosecutor'm not accusing him of attempted coercion or incitement. In the case of Josef Bollag, however, a kind of process after the process is created.
The Bern public Prosecutor's office had discontinued the proceedings due to attempted coercion, storage, processing, accessing, and notification of illegally recorded conversations of Josef Bollag in March 2018. Subsequently, two journalists wanted to see the Setting. The Prosecutor's office wanted to approve, whereas Bollag in the office of the Prosecutor General rekurrierte. It Bollag argued just squeamish, as the judgment of the Federal court: It's all talk, that they wanted him to "wipe out," the process Manager have a "strong Aversion" against him, the disclosure was unfair, malicious, in bad Faith. He wrote anti-Semitic attitude, which he believed also in the insight-seeking journalists. So, the Federal court quoted excerpts from the entry of Bollag.
The Deputy attorney General acknowledged this in his letter of reply to be offensive or defamatory, the command violates decency, and could not be rejected, therefore, what is done, but in the interest of speeding up the Process. Bollag required that the Deputy attorney General who had written the answer, had to abstain.
The Federal court sees it differently. There is no reason to doubt the impartiality of the Deputy attorney General, was it decided, and came to the same conclusion as the Bernese Oberland court. Bollags input contains actually offensive elements, which would in this way in a command, and also not accepted would have to be, writes the Federal court. Whether Bollags entry in the legal sense is actually "defamatory", play no role. Anyway, the Deputy Secretary of state could not be accused of lawyer's lack of independence.
Bollag requested the Federal court to publish the verdict, not even anonymized. This the court refused. Whether the ruling of the Bernese state attorney will soon be publicly available. After the recusal request is decided, you can decide the attorney General's office in the matter. Josef Bollag did not want to comment on request of this newspaper. (Tages-Anzeiger.ch/Newsnet)
Created: 13.05.2019, 18:34 PM