Analysis of emails from Berset's head of communications unlawful
The analysis of communications between the head of the Ringier publishing group and the former communications director of former Federal Councilor Alain Berset was unlawful. This was the ruling of the Bern Court of Pre-trial Detention. The ruling concerns the so-called «Corona Leaks» affair.
This occurred in 2022 and 2023 (Werbewoche.ch reported). The allegation was that top Swiss officials had informed the media in advance about planned government measures during the pandemic. The special investigator at the time, Peter Marti, particularly targeted Peter Lauener, then head of communications at the Department of Home Affairs and a confidant of Berset.
The Federal Office of Information Technology had opened Lauener's professional mailbox to the special investigator for his investigations. Marti and the Zurich cantonal police analyzed the data and found, among other things, active e-mail contact with Ringier boss Marc Walder.
The evaluation was not lawful, the Bernese compulsory measures court has now concluded. The special investigator should have granted those affected the right to request a seal beforehand.
The affected parties demanded this after learning of the evaluation. The Federal Public Prosecutor's Office in turn filed a request for unsealing, which the court has now rejected. The mail traffic is therefore off-limits to the investigators.
Source protection and editorial secrecy
In its ruling, the compulsory measures court primarily invoked the protection of journalistic sources and editorial secrecy, as confirmed by court president Beat Brechbühl in a report published by Tamedia on Friday.
The decision is not yet legally binding. The Office of the Attorney General of Switzerland can appeal against it to the Federal Supreme Court. It remains to be seen whether it will do so.
A far-flung affair
The "corona leaks" affair is now a widely ramified affair. Peter Marti, formerly a senior judge in the canton of Zurich, was appointed as an extraordinary public prosecutor in 2021. This was to investigate alleged breaches of official secrecy in another case. This case was dropped again.
In the course of his investigations, Marti discovered further information leaks in connection with the coronavirus pandemic. He initiated proceedings against Federal Councillor Alain Berset's head of information at the time, Peter Lauener. Criminal charges were also filed against Marti. The latter was criticized for having exceeded his authority. The "corona leaks" affair was born.
Lauener resigned from his post in summer 2022. Marti is also no longer a special investigator. He stepped down in May 2023. An investigation concluded that he had not been guilty of exceeding his powers in a criminal context. The Office of the Attorney General of Switzerland is now responsible for the case. (SDA/swi)
