Journalist Access to Water Pollution Case Records Granted Over Prosecution Objections

A journalist sought access to final penalty orders, dismissal, and non-prosecution decisions related to water pollution incidents in the canton between 2007 and 2008, which was initially denied by the Public Prosecutor's Office. The court overturned the denial, reasoning that while non-parties generally lack an automatic right to inspect such documents under cantonal law, the fundamental right to public trial and transparency, protected by constitutional and international provisions, necessitates granting access to the media when they demonstrate a demonstrable and legitimate interest in informing the public about significant areas of judicial activity, especially concerning potentially systemic issues like widespread pollution; the court found the journalist's focus on a publicly relevant matter, combined with the lack of evidence that granting access would endanger the functioning of the justice system or constitute an abuse of rights, outweighed any competing interests, thus mandating the granting of access to the specified non-public decisions upon payment of a fee.