Fear of public outrage Canton Valais refuses to release Crans-Montana files
Crans-Montana wants to restrict the principle of public access due to the tense media situation. Official documents should therefore no longer be freely accessible. But the decision is controversial.
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- The principle of public access is to be restricted in Crans-Montana.
- Official documents would then no longer be freely accessible.
- The canton justifies this with the tense media situation and ongoing proceedings.
According to the principle of public access, anyone can inspect official documents without having to prove a special interest. However, according to theTages-Anzeigernewspaper, this principle no longer applies in Crans-Montana.
According to a letter from the Civil Security and Military Service, which was drawn up as part of a mediation procedure, publication of the documents could further intensify the media dynamic and increase the pressure on the ongoing investigations.
Legally, the canton relies on an exceptional provision (Art. 15 para. 2 lit. c), which permits a restriction if official decision-making processes could be jeopardized. Although the canton recognizes that these are public documents, it sees a special situation due to the tense media situation.
To justify this, the administration refers to an evaluation of 269 media reports from a total of over 3,500 articles, as the Tages-Anzeiger continues. It recognizes a highly heated discussion with demands for special investigations, international criticism - particularly from Italy - and pressure on the Attorney General Béatrice Pilloud.
Case before the Data Protection and Information Commissioner
Critics warn of a problematic precedent. Lawyer Sébastien Fanti sees the danger that high public attention could serve as a justification for more intransparency in the future. The handling of the cantonal fire department (OCF) is also causing tensions, as the files are linked to ongoing criminal proceedings and charges have already been brought against those responsible, according to the newspaper.
Lawyer Pierre-François Vulliemin is therefore calling for further investigations. In addition, a statement by State Councillor Stéphane Ganzer is causing discussion, according to which the OCF can only fulfill its supervisory duties to a limited extent.
The case is now before the Data Protection and Information Commissioner. Mediation is planned for the beginning of June. If it fails, the dispute could end up in court and clarify fundamental questions regarding the application of the principle of public access in the canton of Valais.
