ECtHR condemns Switzerland for police operation at demonstration in Zurich
Published: Tuesday, Dec 19th 2023, 16:21
Updated At: Tuesday, Dec 19th 2023, 16:21
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The European Court of Human Rights (ECtHR) has condemned Switzerland for a police operation in Zurich on May 1, 2011. According to the ruling, the encirclement and subsequent detention violated the rights of two demonstrators.
According to the decision of the European Court of Human Rights (ECtHR) published on Tuesday, the police violated the rights to liberty and security of the two victims. Switzerland was ordered to pay both of them compensation for non-material damage in the amount of 1000 euros as well as costs and expenses totaling 10,000 euros.
The incident took place in Zurich on May 1, 2011. The police had surrounded the demonstrators at the time. The two complainants were then arrested and detained until the evening. After a thorough identity check, they were released again.
The Zurich judiciary and later the Federal Supreme Court justified the measures with the violent riots at the demonstrations in previous years. Left-wing extremist groups had also called for demonstrations in 2011.
"Harassing intent" not ruled out
According to the Strasbourg judges, Switzerland had not proven that an arrest was necessary in order to carry out the identity check. The two complainants could have proved their identity directly on the spot. In case of doubt, the police could have carried out a radio check. It can therefore not be ruled out that the detention had a harassing purpose, the court added.
The ruling states that the establishment of a police cordon to prevent riots requires that an order to disperse has been given beforehand. This was not the case on May 1, 2011 in Zurich. In addition, the two complainants were on Helvetiaplatz and not on the Kanzlei area, where the signs of unrest were most pronounced.
Finally, the ECtHR found that the reasons put forward by Switzerland - previous acts of violence, calls by left-wing extremists, unrest during the official part of the demonstration - were of a general nature. They do not suggest that the two individuals concerned intended to take part in the illegal demonstration or to commit criminal offenses.
In these circumstances, the Strasbourg judges concluded that the principles of proportionality and necessity justifying detention were not observed. Switzerland had therefore violated Article 5 ECHR.
Lawyer criticizes encirclement
The decision from Strasbourg could also have repercussions beyond the case, which dates back twelve years. "The ruling states that the police may not deprive numerous people of their liberty by encircling them at demonstrations," Viktor Györffy, the lawyer for the two complainants, told the Keystone-SDA news agency.
It is practically impossible to enforce encirclement in accordance with the ECHR. Against this background, it is questionable whether the encirclement practiced in Zurich in particular will still be tenable in the future.
The city of Zurich cannot yet comment on the ruling, which was only published on Tuesday morning. It must first be analyzed in peace, according to the security department.
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