Key legal question
Whether the Federal Supreme Court could hear an appeal against an incidental cantonal decision refusing to find procedural violations and remove statements from the file.
Extracted holding
The appeal was inadmissible because the challenged decision was incidental and the appellant failed to show irreparable legal harm under Art. 93(1)(a) LTF.
Extracted reasoning
The refusal to examine the alleged violations did not itself end the criminal case. Any prejudice could still be raised later in the proceedings, including as a preliminary question or on appeal. The mere presence of contested evidence in the file is not, by itself, irreparable harm.