World · Europe · 5 hrs ago
Swiss court ruling says two judges had a prohibited lasting partnership
Switzerland’s Federal Supreme Court found that judges Yves Donzallaz and Beatrice van de Graaf had a lasting partnership that is not allowed under the law governing the court.
The judges had never served in the same division, but the ruling could affect cases in which either took part.
The court decided that such a partnership can justify reviewing a case, with a lower threshold than applies to cohabiting couples.
In the first test case, it reconsidered a man’s conviction for attempted intentional homicide and upheld his five-year prison term and 10-year expulsion from Switzerland.
The decision leaves other revision requests to be assessed and has also intensified scrutiny of the court’s handling of the affair.
Switzerland’s parliamentary court commission is preparing proposals for the judges’ election in the winter session, which was postponed because of the relationship.
Switzerland’s Federal Supreme Court ruled that judges Yves Donzallaz and Beatrice van de Graaf had a prohibited lasting partnership.
The court said the relationship meant the panel in a criminal case was not lawfully composed, providing grounds to review its ruling.
It granted a convicted man’s revision request but again upheld his five-year prison sentence and ten-year expulsion from Switzerland.
The ruling may affect 13 other revision requests, which the court will examine individually.
The decision comes ahead of parliamentary proceedings on recommendations for the next federal judge election.
- Who
- The Federal Supreme Court ruled on the relationship between judges Yves Donzallaz and Beatrice van de Graaf.
- What
- It found they had a prohibited lasting partnership and that this was grounds to revise a case heard by a panel that included van de Graaf.
- When
- 5 November 2026.
- Where
- Switzerland’s Federal Supreme Court in Lausanne.
- Why
- Swiss law bars lasting partnerships between judges to avoid any appearance of bias.
This story does not have two clearly opposing sides.
The relationship became public through an article in Weltwoche.
The full court, excluding Donzallaz and van de Graaf, decided that a lasting partnership could be grounds to revise a ruling.
The court granted the revision request and reconsidered the convicted man’s case, then confirmed his sentence and expulsion.
The parliamentary court commission is due to decide whom to recommend for election as federal judges.
- Judges
- Yves Donzallaz and Beatrice van de Graaf
- Pilot case
- Revision request by a man convicted of attempted intentional homicide
- Sentence upheld
- Five years in prison
- Expulsion upheld
- Ten years
- Other requests
- 13 further revision requests to be examined individually
5 sources
Unerlaubte Liebesbeziehung: Erste Revision durchgeführt
Liebesaffäre am Bundesgericht – Urteil gefällt: Beziehung von Bundesrichtern war unzulässig
Affäre am Bundesgericht: Die Parteiverhandlung ist eröffnet
What people are saying
Mit dem Entscheid des Bundesgerichts ist nun klar, dass die Beziehung der beiden Richter ein Revisionsgrund darstellt
Bauernopfer in dieser Geschichte sei Beatrice van de Graaf