Swiss Jew wrongfully detained due to prosecutor’s ‘bias’

The Federal Court has agreed with the man, stating that the prosecutor’s argument suggests he treats the man differently solely because of his Jewish faith, which implies bias. Keystone / Laurent Gillieron

A prosecutor in Switzerland has been accused of antisemitic bias for arguing that a Jewish Swiss man might flee to Israel, invoking the right of return, following accusations of money laundering and tax evasion. The prosecutor in the case is now being replaced.

A Swiss man has been accused of usury, money laundering, and tax evasion in Geneva, prompting a prosecutor to place him in custody. The prosecutor argued that, due to his Jewish faith, the man could flee to Israel at any time, likening this to holding a foreign nationality.

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Swiss law allows for the detention of accused individuals if there is a risk they might flee, destroy evidence, or commit further crimes.

Right to return to Israel

The so-called right of return became a liability for the Swiss Jew. In response to the Holocaust, Israel aimed to provide Jews in exile with the opportunity to flee to Israel at any time. Two years after Israel’s founding, the Knesset passed a law in 1950 granting every Jew the right to immigrate to Israel.

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Historian Hannah Einhaus, who has led a Jewish magazine for many years, is appalled by the Geneva prosecutor’s argument. “The prosecutor apparently still views Swiss Jews as they were seen in Switzerland shortly after Israel’s founding in the 1950s,” she said.

Many in Switzerland at that time believed Swiss Jews had dual loyalty. “People thought Swiss Jews were dual citizens, which is not true at all,” says Einhaus. This was antisemitic. Catholics were not accused of being loyal to the Vatican.

Therefore, “the Geneva prosecutor’s accusation sounds like an antisemitic prejudice,” says the historian, who specialises in the study of antisemitism.

Swiss Federal Court accuses prosecutor of being biased

The individual involved in the case shared this view. He requested that the prosecutor recuse himself, suggesting that he believed every Jew would likely flee.

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Now, the Federal Court has agreed with the man, stating that the prosecutor’s argument suggests he treats the man differently solely because of his Jewish faith, which implies bias.

Consequently, the prosecutor must recuse himself, and the cantonal court must appoint a new prosecutor to the case. The accused was released from custody some time ago. The Federal Court clarified that religion alone cannot be the basis for detention.

There must be more concrete connections to Israel that make flight likely, such as having relatives in Israel, owning property there, or applying for residency, which would indicate a possible flight risk. Being Jewish alone does not constitute a flight risk.

Translated from German by DeepL/sp

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