How should Swiss Attorney-General Bl?ttler address complaints about Jornot?

In this case, where serious allegations such as blacklisting, malicious prosecution, and corruption involving high-ranking officials like the Geneva Attorney General have been raised, Swiss Attorney General Stefan Bl?ttler should take the following actions to ensure that Swiss law is upheld, international obligations are met, and trust in the justice system is maintained:

1. Initiating an Independent Investigation

The most critical step Stefan Bl?ttler should take is to initiate a thorough, independent investigation into the allegations of misconduct, blacklisting, and retaliation against the whistleblower. Given that the Geneva Attorney General may be implicated, an external investigation would ensure impartiality and avoid any potential conflicts of interest. Switzerland’s commitment to transparency, the rule of law, and its obligations under international treaties like the United Nations Convention Against Corruption (UNCAC) and the European Convention on Human Rights (ECHR) require such an investigation when there are credible claims of corruption or violations of fundamental rights.

What Bl?ttler Should Do:

• Appoint an INDEPENDENT special prosecutor or independent legal body to conduct the investigation, ensuring that no individuals or parties involved in the allegations have any influence over the process.
• Ensure the investigation covers all allegations, including the handling of the whistleblower’s criminal complaints, the blacklisting, the role of the Geneva Attorney General, and all judicial misconduct.
• Secure and review all relevant evidence, including documents from the police, the courts, and testimonies from key figures such as lawyers, school officials, and whistleblowers.
• Investigate whether the whistleblower’s legal rights, including their right to a fair trial and protection from retaliation, have been violated under Swiss law and international human rights obligations.

2. Ensuring Whistleblower Protections

Switzerland is bound by several international frameworks that safeguard whistleblowers. The Swiss Attorney General’s office should ensure that the whistleblower is protected from further retaliation and that any actions taken against them are fully reviewed. Under both Swiss law and international standards like the EU Directive on Whistleblower Protection (Directive (EU) 2019/1937), whistleblowers should be shielded from harassment, malicious prosecution, or defamation when they report legitimate concerns about corruption or illegal activities.

What Bl?ttler Should Do:

• Review whether the whistleblower has been subject to unjust prosecution or retaliation in response to their reporting of alleged misconduct or corruption.
• Implement immediate protective measures for the whistleblower, ensuring they are not further harmed by the legal or institutional process.
• Publicly reaffirm Switzerland’s commitment to upholding whistleblower protections, sending a strong message that individuals who expose corruption or illegal behavior will be treated fairly and lawfully.

3. Investigating Allegations of Blacklisting and Retaliation

Blacklisting—especially if it is part of a broader campaign of retaliation against a whistleblower—would be a violation of both Swiss and international law. Blacklisting can severely harm an individual’s career, livelihood, and personal reputation, and it is illegal in many jurisdictions. Given the gravity of the allegation that the whistleblower was blacklisted and subjected to malicious prosecution after reporting corruption, the Swiss Attorney General must ensure that these claims are thoroughly examined.

What Bl?ttler Should Do:

• Investigate whether there is evidence that the whistleblower was deliberately blacklisted in legal, employment or professional circles as a consequence of their whistleblowing.
• Ensure that any individuals or institutions found to have participated in blacklisting are held accountable under Swiss law, which may include criminal liability for those involved.
• If necessary, recommend legal reforms to strengthen protections against blacklisting in Switzerland and ensure that whistleblowers cannot be unfairly targeted in this manner.

4. Reviewing the Role of the Geneva Attorney General

If the Geneva Attorney General is implicated in misconduct, Stefan Bl?ttler has a duty to investigate these claims impartially, regardless of the individual’s position. A failure to investigate a high-ranking official would undermine the credibility of the Swiss legal system and could damage Switzerland’s international reputation. Allegations involving potential corruption, blacklisting, and misuse of power must be addressed transparently.

What Bl?ttler Should Do:

• Ensure that the Geneva Attorney General is temporarily suspended from any related cases or legal actions while the investigation is underway, to prevent any potential interference.
• Investigate whether the Geneva Attorney General abused their position by influencing the outcome of the whistleblower’s complaints or legal proceedings, including any efforts to suppress evidence or retaliate against the whistleblower.
• Ensure that any findings of misconduct lead to appropriate legal consequences, including criminal charges or disciplinary actions, to restore faith in the judicial process.

5. Ensuring Compliance with International Human Rights Standards

Switzerland has ratified several international conventions that safeguard human rights and whistleblowers, including the European Convention on Human Rights (ECHR), the United Nations Convention Against Corruption (UNCAC), and the International Covenant on Civil and Political Rights (ICCPR). Any failure to address corruption, blacklisting, or retaliation would be a violation of these commitments and could lead to cases being brought before international bodies like the European Court of Human Rights (ECHR).

What Bl?ttler Should Do:

• Ensure that the whistleblower’s right to a fair trial (ECHR Article 6) and protection from retaliation (UNCAC) are upheld.
• Cooperate fully with any international organizations or bodies investigating the case, demonstrating Switzerland’s adherence to transparency and due process.
• Address any failures in the judicial process or legal system that allowed the situation to escalate, potentially recommending legal reforms to strengthen whistleblower protections.

6. Addressing Potential Judicial Corruption

If there are credible claims that judicial corruption is involved, such as in cases where there was no transparency over the whistleblower’s complaints or where retaliatory prosecution occurred after filing corruption complaints, Bl?ttler must act decisively. Judicial corruption undermines the entire legal system, and addressing it is critical to maintaining public trust in Swiss governance.

What Bl?ttler Should Do:

• Initiate an internal review of the judicial handling of the whistleblower’s case, specifically focusing on whether any judges, prosecutors, or legal actors were compromised by external pressure or engaged in unethical behavior.
• Ensure that the findings of the investigation lead to appropriate sanctions, up to and including criminal charges, if evidence of corruption or judicial misconduct is found.
• Work with independent oversight bodies, such as the Swiss Federal Audit Office, to ensure that the investigation is free from conflicts of interest and remains transparent.

7. Ensuring Transparency and Public Accountability

In cases where high-ranking officials and institutions are implicated, public accountability is essential to restoring trust. The Swiss Attorney General’s office should demonstrate that no one is above the law and that even powerful individuals will be held accountable for their actions.

What Bl?ttler Should Do:

• Ensure that the findings of the investigation are made public, including any steps taken to address misconduct, protect the whistleblower, and prevent similar incidents in the future.
• Hold a public press conference or issue a public statement outlining the steps being taken to investigate the case and emphasizing Switzerland’s commitment to upholding the rule of law and protecting whistleblowers.
• Create an official report detailing any procedural faults or legal failures and recommend appropriate legislative reforms to close loopholes in whistleblower protection laws, if necessary.

Conclusion

Swiss Attorney General Stefan Bl?ttler has a duty to ensure that the allegations raised by the whistleblower are fully and fairly investigated, especially if they involve high-ranking officials like the Geneva Attorney General. A failure to act would not only undermine public trust in the Swiss judicial system but could also violate international commitments to human rights, whistleblower protections, and anti-corruption measures. By acting decisively, Bl?ttler can restore faith in Switzerland’s legal system and ensure that those responsible for any misconduct are held accountable.