Three climate activists have been cleared of inciting others to dodge compulsory Swiss military service after a court ruled that they were entitled to exercise their freedom of expression.
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The three men had posted their views on an online blog entitled: “I am boycotting the army”.
Switzerland operates a militia system that requires all able-bodied men to complete compulsory military service. Women are exempt from this law but can volunteer for the armed services.
Another option is to perform civilian duties but anyone failing to sign up for either option without good cause must pay a tax.
The three defendants had already been fined by prosecutors last year for urging people to follow their example of refusing both military service and to pay the resulting tax.
The Swiss criminal code states that “any person who publicly incites others to disobey military orders, to violate military duties, to refuse to perform military service or to desert” risks a maximum three-year prison sentence and a fine.
The trio appealed their fines, and the case was heard by the Federal Criminal Court in May, with the verdict being published on Thursday.
The court quashed the fines, saying that it would be “disproportionate” in this case to violate their freedom of expression, particularly in light of European Court of Human Rights case law.
One of the accused had all charges dropped for lack of a legal basis to convict.
The trio were awarded CHF11,500 ($13,300) in compensation and will be reimbursed their legal costs amounting to CHF38,000.
In 2013, Swiss voters overwhelmingly rejected a pacifist initiative to scrap conscription. It is now one of the last countries in western Europe with mandatory military service.
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