Historic recusal in Geneva: entire Public Prosecutor's Office disqualified from fraud case
The Federal Court has ordered the recusal of all magistrates from the Geneva Public Prosecutor's Office in a fraud procedure. The father of Attorney General Olivier Jornot is the complainant in this case.
Historic recusal in Geneva: entire Public Prosecutor's Office disqualified from fraud case
In an unprecedented decision, the Federal Court has ordered the recusal of all magistrates from the Geneva Public Prosecutor's Office in a criminal procedure. This is a first in this canton, where prosecutors are elected and traditionally considered to be independent in the conduct of investigations entrusted to them.
The case concerns a fraud file involving individuals belonging to the Traveller community. These individuals were offering services and work to elderly people at exorbitant rates. The distinctive feature of this file lies in the identity of the complainant: he is the father of the Geneva Attorney General, Olivier Jornot.
In its ruling, Mon-Repos found that the very particular configuration of this procedure made it impossible to rule out a potential conflict of interest. The chief prosecutor Elsa Studer, who is in charge of the investigation, as well as all of her colleagues, could find themselves "in an awkward position or experiencing some unease" when making judicial decisions. These decisions would inevitably have repercussions on the head of the prosecution office.
Due to the prerogatives of the Attorney General regarding hierarchy and supervision, the Federal Court ruled that no magistrate from the Geneva Public Prosecutor's Office could be considered completely impartial in this case. The context was described as exceptional due to the specificities of the file.
This decision raises questions about the actual independence of magistrates in the Geneva prosecution service when their hierarchical superiors are indirectly concerned by a procedure.
Source: Le Temps
Source: Le Temps