Federal Criminal Court in Bellinzona receives the Golden Brake Block
The 2016 Golden Brake Block goes to the Federal Criminal Court in Bellinzona. The court was awarded the invective prize for its verdict against an RTS journalist: the federal criminal judges punished him for electoral fraud. His research had uncovered a security loophole in the electoral system.
This year's Golden Brake Block of the Swiss investigative network investigativ.ch goes to the Federal Criminal Court in Bellinzona: the court convicted RTS journalist Joël Boissard of election fraud. His research had uncovered a security flaw in the electronic voting and election system. "The Federal Criminal Court accuses Boissard of being skeptical and not simply wanting to believe the authorities," says investigativ.ch Co-President Dominique Strebel. In doing so, the court has truly deserved the investigative network's invective prize.
Put to the test
Boissard received his voting documents twice in spring 2015. He put it to the test - and was able to vote twice via Geneva's e-voting system. A security vulnerability that Boissard immediately reported to the authorities and subsequently addressed in an article. Despite this, the Federal Criminal Court sentenced him to two daily sentences of CHF 200 each for vote rigging. A light sentence. But from investigativ.ch's point of view, a completely wrong signal.
Elections and voting are central pillars of our democracy. There is great public interest in uncovering shortcomings and weaknesses.
In doubt against media freedom
In its ruling, the Federal Criminal Court described the double voting as "unnecessary" and "not relevant" for the investigation. Unfortunately, this ruling from Bellinzona is not an isolated case: public prosecutors and judges rarely show mercy when journalists push the boundaries of legality during their research. Investigativ.ch has long criticized the fact that the judiciary practically always rules against journalists in such cases. Even if the wrongdoing uncovered is serious and the public interest is great. Judges could acquit journalists in such cases on the grounds of "safeguarding legitimate interests", as Co-President and lawyer Dominique Strebel emphasizes. He emphasizes: "The public interest in research must be given more weight in case law."
The members have decided
The Investigativ.ch research network is awarding the Golden Brake Block for the fourth time. In addition to the Federal Criminal Court, the Federal Office of Personnel and the Cantonal Court of Graubünden were also nominated for this year's defamation award for the prevention of information. The members of investigativ.ch determined the winner by means of an online vote and narrowly voted for the Federal Criminal Court.
The award ceremony will take place as part of the annual meeting on May 10 in Zurich. Austrian investigative journalist Sahel Zarinfard has also been invited. She works for the non-profit research platform dossier.at.