Swiss court orders retrial after judges’ prohibited relationship

Switzerland’s Federal Supreme Court has unanimously granted a request to reopen a case after finding that two judges had lived together in a permanent partnership, a relationship barred under the rules governing the court. SRF reported that the case will be heard again by a lawfully constituted panel.

The request was filed by a man convicted of attempted intentional homicide. Beatrice van de Graaf had participated in the Federal Supreme Court’s ruling in his case in May. After learning of her relationship with fellow judge Yves Donzallaz, which has since ended, he asked the court to overturn that decision and reconsider his appeal.

The court found that the judges had “permanently lived in a shared household”. It said the incompatibility rule applies regardless of which division the judges serve in. The rule is intended to prevent any appearance of bias.

The ruling could affect more than a dozen other pending requests to revise judgments. It also comes as Parliament’s Judicial Committee prepares to decide in November which candidates to recommend for the next judicial election. Donzallaz and van de Graaf are both seeking re-election. The full renewal vote was postponed to the winter session after the relationship was reported by Weltwoche in April, giving the committee more time to investigate.

SRF court correspondent Sibilla Bondolfi said the ruling had clarified which relationships are prohibited, but warned that the affair had destabilised the court and damaged confidence in it. She said the divisions within the institution would remain even if Parliament does not re-elect the two judges in December.