Bern High Court imposes fines for “Kill Erdogan” poster
Published: Thursday, Mar 21st 2024, 12:10
Updated At: Thursday, Mar 21st 2024, 15:40
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The High Court of the Canton of Bern has sentenced four people to fines for displaying a "Kill Erdogan" poster at a demonstration in 2017. The individuals were found guilty of public incitement to commit crimes or violence. Appeals against the sentences have been lodged with the Federal Supreme Court.
The High Court overturned the acquittals handed down by the Bern-Mittelland Regional Court in March 2022 for the four left-wing demonstrators, as can be seen from the 65-page ruling.
According to the regional court, it was proven that the four defendants had called for concrete physical violence against Turkish President Recep Tayyip Erdogan with their poster.
The High Court came to a different conclusion following an appeal by the Public Prosecutor General's Office against the first-instance verdicts. In addition to the clearly recognizable inscription "Kill Erdogan with his own weapons", the banner depicted the likeness of the Turkish head of state with a pistol pointed at his head at a right angle to his temple, according to the ruling.
Unambiguous request to kill
Against this overall picture, it is difficult to understand how the verb "to kill" should be given a meaning other than a clear and unambiguous call to kill the Turkish head of state. He should be shot with a pistol, according to the high court's considerations.
It can be assumed as common knowledge that a shot from a pistol at close range into the head or temple of a person is highly likely to lead to death. In view of this overall context, there was no doubt that the banner contained an incitement to kill the Turkish president and thus to commit a crime.
From an objective point of view, there is simply no room for a metaphorical understanding. The public incitement to kill a person is neither protected by the freedom of opinion nor the freedom of assembly. The Bern-based Tamedia newspapers first reported on the verdicts on Thursday.
Case before the Federal Supreme Court
The High Court imposed fines of between 16 and 45 days on the four individuals. The daily rates are between 70 and 100 francs. The fines were unconditional for two persons with previous convictions. The High Court imposed two liaison fines of up to 500 francs.
The judgments of the High Court are not legally binding. Appeals against all four rulings have been lodged with the Federal Supreme Court, as one of the lawyers confirmed on request. The banner displayed at the demonstration was never an incitement to commit a crime, the lawyer stated. It clearly lacked clarity and seriousness.
Turkey intervened in Switzerland
The poster was carried on the sidelines of a rally for democracy in Turkey in Bern in March 2017. This demonstration was organized by Kurdish associations, the SP and the Greens as well as other organizations.
On the same day as these two rallies, Turkey protested to the Swiss Foreign Ministry in Bern about the poster and summoned the Swiss deputy ambassador to Ankara. There was also a telephone conversation between the two foreign ministers.
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