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- “Banks condemn us”, climate protest in front of Crédit Suisse in Geneva, Switzerland
“Banks condemn us”, climate protest in front of Crédit Suisse in Geneva, Switzerland
About this case
Filing year
2019
Status
Decided
Geography
Court/admin entity
Switzerland → Court of Appeals of Geneva
Case category
Suits against corporations, individuals (Global) → Protesters (Global)
Principal law
International Law → European Convention on Human RightsSwitzerland → ConstitutionSwitzerland → Local regulation on Public Events (art. 6 and 10 LMDPu)
At issue
To what extent protesting with one’s head covered constituted a contravention to the local police rule and whether the protest was protected by article 22 of the Swiss Constitution and article 11 of the ECHR.
Documents
Filing Date
Document
Type
Summary
On September 25, 2019, a dozen activists from Breakfree Switzerland and Climate Strike (the Swiss equivalent of Fridays for Future) demonstrated in a pedestrian zone in front of a Credit Suisse branch in Geneva. Some were dressed in a white overall and wore a jute bag on their head as they knelt down and held a banner in protest against the investment of the bank in fossil fuels. After being summoned by the police, they got up and walked through the pedestrian zone until the police proceeded with their identification. At least three of the activists got convicted with a fine of 300 CHF by a police judge (court of first instance) for participating in a demonstration on public property without respecting the ban on wearing clothing designed to prevent their identification.
The three activists appealed the judgment on the grounds that the facts had not been rightly established; notably, they contested having covered their heads with jute bags. While the cantonal judges noted that doubts remained in the establishment of facts, they first and foremost noted that even if activists had had their head covered, they did not intend to prevent or render more difficult their identification by the police. The court thus freed them of the charges and reaffirmed that the protest was protected under article 11 ECHR and article 22 of the Swiss Constitution (freedom of assembly).
(“Banks condemn us”, climate protest in front of Crédit Suisse in Geneva, Switzerland, Swiss Supreme Court, Switzerland).