TF, 08.09.2026, 6B_41/2025
Facts
On September 25, 2006, Guatemalan authorities organized an operation to regain control of F. prison, which was dominated by a group of inmates. Parallel to the official plan, an armed commando unit carried out the extrajudicial execution of seven prisoners who had already been subdued. The crime scenes were subsequently tampered with to simulate clashes with law enforcement. A., Director General of the National Civil Police (PNC), is suspected of having facilitated these murders (recitals 13.2 and 13.4).
Following several proceedings and a conviction that was overturned after an ECHR ruling found a lack of impartiality, the Geneva court found A.________ guilty of complicity in murder. He was sentenced to 14 years of imprisonment, following a one-year reduction for a violation of the principle of due speed. The individual appealed to the Federal Supreme Court, challenging in particular the assessment of evidence, compliance with the principle of accusation, and his criminal liability (recitals 5, 7, and 19).
Law
Art. 25 of the Swiss Criminal Code (SCC) punishes complicity, while Art. 112 SCC sanctions murder. A conviction for complicity may be based on psychological support provided to the principal perpetrators. The principle of accusation, guaranteed byArt. 6 para. 3 ECHR, requires that the accused be sufficiently informed of the facts alleged against them and their legal classification to effectively prepare their defense. Reclassification remains permissible if these guarantees are respected (recitals 7.2, 7.3, and 18).
The Federal Supreme Court is bound by the facts established by the lower authority, unless arbitrariness is duly demonstrated. The authority of the remand judgment prohibits the reopening of issues that have been definitively settled. Furthermore, the presumption of innocence of an acquitted third party does not preclude the establishment of their conduct in proceedings directed against another person, without declaring their guilt (recitals 3, 4, and 6.4).
The principle of due speed, enshrined in Art. 5 of the Swiss Criminal Procedure Code (CrimPC), 29 para. 1 of the Federal Constitution and Art. 6 para. 1 ECHR, requires a reasonable duration for proceedings, assessed globally according to the complexity of the case, its severity, and the conduct of both the authorities and the accused (recital 19.2).
Application to the specific case
The Federal Supreme Court confirms that the seven victims were executed after being subdued and were not killed during clashes. Forensic findings, testimonies, and audiovisual documents corroborate the existence of a parallel criminal operation (recital 13.2).
A.________ had met with the armed members of the commando, ordered his close collaborator to join their sector, and accepted the PNC's takeover of the operation. Despite the presence of armed civilians and the discovery of corpses, he took no relevant measures nor did he initiate an internal investigation. This passivity constituted an indication of his knowledge and acceptance of the criminal plan, and not necessarily a criminally imputable omission requiring a guarantor position (recitals 13.3 to 13.6 and 16.2).
The grievances relating to protected witnesses, the presumption of innocence of third parties, and the principle of accusation are dismissed. The appellant was aware of the possibility of a conviction for complicity and had been able to organize his defense. He also fails to demonstrate that this classification would violateArt. 25 SCC (recitals 6 to 8 and 18).
Outcome
The Federal Supreme Court dismisses the appeal to the extent that it is admissible. The 14-year sentence is upheld, with the one-year reduction for a violation of the principle of due speed deemed proportionate given the extreme international complexity of the case. The court costs of 3,000 francs are charged to the appellant, with no award of legal fees (recitals 19.3 and 20).