Questão jurídica principal
Whether the complainant had standing to challenge the cantonal non-prosecution decision on the merits by public-law appeal.
Decisão extraída
He lacked standing to contest the merits because he was not a victim under the Victims Assistance Act and the case concerned offences against honour and racial discrimination without relevant physical or severe psychological harm.
Fundamentação extraída
Only the State holds the criminal action; a complainant may attack a non-prosecution decision on the merits only if victim status under the LAVI is established and civil claims may be affected.