Police violence against protesters: last week in Basel, today in Bern
24.05.2025 - Today the police shot rubber pellets at the crowd of protesters who had gathered in the capital city to peacefully protest the Gaza genocide. It also resorted to the use of water canons, teargas and batons.
Peaceful protesters also experienced the violent repression of freedom of expression and of assembly - rights anchored in our Federal Constitution - last week in Basel. As thousands marched peacefully through the city, hundreds of people were cornered by the police and kept in a kettle overnight. They were refused access to food, water, blankets and toilets, and were only let go after being subjected to individual police controls.
This repressive pattern repeated itself today in Bern, this time more violently. Police violence against "pro Palestine" protesters escalated as it resorted to using rubber bullets, teargas and water canons against peaceful protesters who tried to follow their route through town. Our democracy hits a new low when scenes from Swiss cities resemble Germany's shameful police repression.
Over 5'000 people from all over Switzerland gathered in Bern to demand from our government that it uphold international law and protect the Palestinian people from ongoing ethnic cleansing. The israeli State's aggression against the Palestinian people living under its occupation violates International Law: these war crimes and crimes against humanity must be stopped. This is what the people who tried to make their voices heard today in Bern were demanding. It is a shame for Swiss politics that the police, taking orders from our government, spends public funds to use disproportionate on people standing up for human rights.
As lawyers and human rights experts, we would like to clarify the following in view of this repression:
Freedom of expression and assembly are constitutional rights. The Swiss Federal Constitution guarantees the rights to express one's opinion and to assembly peacefully, Arts. 17 and 22. These rights are also protected under the European Convention of Human Rights, Arts. 10-11, and the Universal Declaration of Human Rights, Arts. 19-20, which are applicable internationally as well as in Switzerland.
The exercise of these constitutional rights does not require an authorisation. Non-authorised protests also fall under the scope of these fundamental rights, as long as they are peaceful. To protest without a permit is not illegal nor is it a criminal offence.
The police erroneously criminalises unauthorised protests based on communal regulations. Authorities expect protests to be authorised when communal law requires the heightened use of public space to be previously approved. A lack of authorisation is thus considered contrary to regulations under communal law, whereas it is not contrary to criminal or federal law. Spontaneous protest is not illegal and is mostly tolerated by authorities, who can "authorise" it on the spot. As long as it is peaceful, there is not reason not to.
The Federal Constitution has priority over all Swiss laws - and so do its fundamental rights. Unwarranted restrictions of the right to protest through cantonal or communal regulations contradict the fundamental rights anchored in federal law, which take precedence. When authorities criminalise participation to protests, they do so in violation of the Federal Constitution.
Authorities do not always act in compliance with the law, nor does the police always recognise the frame of legality. Force can only be resorted to proportionately and as a last resort, when necessary. Peaceful assembly does not warrant police violence. Police forces must not question their adherence to the law when following orders or reacting to incidents. This can lead to abuse of power, the use of disproportionate means and infringement of rights.
The "Palestine solidarity" movement is in line with international and national law. It demands the protection of human rights and the defense of the Palestinian population in the face of ethnic cleansing, its liberation from Israel's illegal occupation and the realisation of its right to self-determination. It condemns war crimes, crimes against humanity and genocide while demanding accountability according to mandatory international law, echoing the UN, competent international courts and experts. This movement is a movement for International Law and Human Rights.
Thus: When our democratic values are mostly respected, but not when it comes to Palestine, when we can usually protest, except when it comes to Palestine, when we can form and express opinions freely, except when it comes to Palestine - then the application of law is arbitrary. The war on the truth about Palestine, which leads to the violent repression of one's own people, to flouting one's own constitution and fundamental values, seeks to censor, in order to protect other interests than those of the people. Then it is not a question of law, but of policy: it is repression.
If you experienced police violence, send us an email explaining what happened to: swissactionforhumanrights@gmail.com
