Public prosecutor’s office must go over the books again in the Quadroni case
Published: Tuesday, Jan 16th 2024, 15:20
Updated At: Tuesday, Jan 16th 2024, 15:20
Volver a Live Feed
In the case of construction cartel whistleblower Adam Quadroni, the public prosecutor's office in Graubünden must reopen criminal proceedings against a senior police officer that have been discontinued. The cantonal court has largely upheld a corresponding appeal by Quadroni.
As can be seen from the recently published judgment, the police officer in question was the then head of the Scuol police station. He was more or less directly involved in various police operations against the whistleblower in 2016 and 2017.
In particular, it concerned Quadroni's arrest on June 15, 2017, after he had blown the whistle on the construction cartel, and his subsequent detention in a clinic. There were also house searches and a preliminary investigation report on Quadroni.
Criminal proceedings for abuse of office
In June 2018, the public prosecutor's office in Graubünden opened criminal proceedings against the head of the Scuol police station on the basis of criminal complaints from Quadroni and the cantonal Department of Justice, Security and Health, including for alleged abuse of authority. The main subject of the investigation was Quadroni's arrest and the police officer's role in preparing and carrying it out.
On June 20, 2022, the public prosecutor's office discontinued the criminal proceedings on the grounds that no suspicion had arisen against the police officer in charge. The inconsistencies in the police officer's actions that gave rise to the initial suspicion did not constitute a breach of official duty, even when viewed as a whole, according to the public prosecutor's office.
Quadroni lodged an appeal against the dismissal of the criminal proceedings with the cantonal court and has now been vindicated on several points.
Police operation "possibly not lawful"
There were indications that the police operation on June 15, 2017 "may not have been lawful", the cantonal court wrote in its ruling. At the same time, there were indications that the head of the police station was indirectly responsible for ordering the deployment of the cantonal police intervention unit.
Contrary to the statements of the public prosecutor's office, it could not be ruled out beyond doubt from the outset that the police officer was guilty of a criminal offense in connection with ordering the police operation against the whistleblower, according to the judges.
"It is therefore not possible to speak of such a clear factual and legal situation that a discontinuation of the criminal proceedings would be justified," the court concluded.
The court also acknowledged that Quadroni had not been granted the right to be heard on several issues. It annulled the discontinuation of the criminal proceedings on five of seven points and referred the matter back to the Graubünden public prosecutor's office to continue the proceedings.
Regional head exonerated
On the other hand, the cantonal court rejected a similar appeal by Quadroni against the discontinuation of the criminal proceedings against the then head of the Eastern Regional Police. This police officer had requested the police operation in question, based in particular on information provided by the head of the Sculo police station.
The public prosecutor's office had correctly presented and assessed the facts of the case, the cantonal court wrote. There were no indications of criminal liability.
Both decisions are not yet legally binding and can be appealed to the Federal Supreme Court.
©Keystone/SDA
Spanish 
English 
German 
French 
Arabic