Strasbourg court criticises Switzerland for police demo tactics

Riot police arrest a person at a demo in Zurich on May 1, 2011. Keystone / Ennio Leanza

The European Court of Human Rights has condemned Switzerland for a police operation in Zurich on May 1, 2011. According to the judgement, the encircling of protesters and subsequent detention violated the rights of two demonstrators.

According to court’s decision published on Tuesday, the police violated the rights to liberty and security of the two individuals concerned. Switzerland was ordered to pay both of them compensation for non-material damage totalling €1,000 (CHF945) as well as costs and expenses totalling €10,000.

The incident took place on May 1, 2011, in Zurich. The police had surrounded the demonstrators at the time in a tactic known as kettling. 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 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.

+ Why demonstrate on May 1?

According to the Strasbourg judges, however, 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. The court added that it could therefore not be ruled out that the detention had been for a harassing purpose.

The judgement 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. Moreover, the two complainants were on Helvetiaplatz and not on the premises of the chancellery, where the signs of unrest were most pronounced.

Finally, the European Court of Human Rights found that the reasons put forward by Switzerland – previous violence, incitement by left-wing extremists, unrest during the official part of the event – were of a general nature. They do not suggest that the two individuals concerned had intended to take part in the illegal demonstration or to commit criminal offences.

+ ‘Efforts at police reform are being blocked’

In these circumstances, the Strasbourg judges concluded that the principles of proportionality and necessity justifying detention were not respected. Switzerland had therefore violated Article 5 of the European Convention on Human Rights.

Lawyer criticises encirclement

The decision from Strasbourg could also have repercussions beyond the case, which dates back 12 years. “The judgement states that the police may not deprive numerous people of their liberty by encircling them during demonstrations,” Viktor Györffy, the lawyer for the two complainants, told the Swiss News Agency Keystone-SDA.

It is practically impossible to carry out kettling in accordance with the European Convention on Human Rights, he said. Against this background, it is questionable whether the kettling practised in Zurich in particular will still be tenable in the future.

The City of Zurich cannot yet comment on the judgement, which was only published on Tuesday morning. According to the security department, it must first be analysed.

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