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Acquittal of six police officers in Swiss ‘George Floyd’ case confirmed on appeal

A Swiss appeals court confirmed Monday the acquittal of six police officers over the death of a Nigerian man, in a case that drew comparisons to George Floyd's killing in the United States.

Acquittal of six police officers in Swiss 'George Floyd' case confirmed on appeal
A protester hold a placard with the name of late Mike Ben Peter during a demonstration against racism and police brutality in the wake of the death of George Floyd, an unarmed black man killed while apprehended by police in Minneapolis. 37 year-old Nigerian Mike Ben Peter died in similar circumstance as George Floyd after a police control in Lausanne on 2018. (Photo by Fabrice COFFRINI / AFP)

A Swiss appeals court confirmed Monday the acquittal of six police officers over the death of a Nigerian man, in a case that drew comparisons to George Floyd’s killing in the United States.

As with the lower court verdict a year ago acquitting the officers of negligent homicide in the case of Mike Ben Peter, Monday’s ruling sparked immediate protests and chants of “Shame!” outside the courthouse.

Around 80 people crowded outside the court, shouting: “Black lives matter!”, “Justice for Mike”, and “Police kill, the judiciary acquits!”

The 39-year-old Nigerian died following a violent arrest after he refused a police drug search in Lausanne in western Switzerland in early 2018.

In the encounter with the six police officers, he was pinned to the ground on his stomach. He died in hospital a few hours later after suffering a heart attack.

His death initially received little attention, but the global outcry over Floyd’s death at the hands of Minneapolis police in May 2020 placed a bigger spotlight on the Swiss case.

During the first trial in June last year, a court in Lausanne ruled that the six officers involved in the incident could not be found guilty of negligent homicide.

The public prosecutor’s office also decided to drop the charges, referring in particular to forensic analyses that were unable to state with certainty that Ben Peter died due to the police intervention.

After three days of hearings last week at the appeals court in Renens, near Lausanne, the three judges confirmed the lower court ruling, acquitting the officers of negligent homicide.

They also acquitted them on an additional charge of abusing their authority, brought by the lawyer of Ben Peter’s family, Simon Ntah.

As with during the first trial, the judges relied heavily on forensic expert testimony to reach their conclusion.

The experts testified that it was impossible to say for certain that Ben Peter died due to the police intervention.

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PROTESTS

How free are people to protest in Switzerland?

As a centre of international diplomacy and cooperation and with its unique system of direct democracy, Switzerland enjoys a reputation for upholding fundamental human rights—but how free are the Swiss to express their opposition to power?

How free are people to protest in Switzerland?

In its recently released 2024 report, Amnesty International criticised Switzerland for imposing restrictions on the right to protest and for dispersing protests violently. 

So what’s the problem? 

While not an explicit ban on protest, Amnesty International considers the obligation in some Swiss cantons for protest organisers to gain official approval and shoulder potential costs to be a repressive measure—essentially a ‘workaround’ in cooling dissent.

Amnesty International’s criticism comes on the heels of other concerns.   

In 2024, Amnesty International joined with the United Nations in criticizing moves by some Swiss cantons and cities to ban protests regarding the Middle East conflict as ‘disproportionate’. 

Read More: How ordinary citizens can try to change the law in Switzerland

The organization has also highlighted the continued use of rubber bullets by Swiss police in dispersing protests as a serious area of concern. 

Furthermore, any changes to protests are controlled or permitted in Switzerland must be made through individual cantons due to the country’s devolution of specific powers – a process that could take years. 

So what restrictions have been introduced in Switzerland?

In early March, the ‘Anti-Chaoten’ initiative put forward by the right-wing Swiss People’s Party (SVP) youth wing, which would have placed significant legal and financial burdens on protesters, was rejected in a Zurich cantonal referendum. However, a counterproposal by cantonal authorities was accepted at the polls.

The successful counterproposal requires explicit permission from authorities to hold a protest or rally, as well as passing on the cost of the police operation, as well as any intentional damage, to protest organizers. Failure to gain approval for protests can result in charges being laid. 

Following the success of the Zurich measure, the Basel SVP intends to introduce a similar proposal to be voted on in August – with the same likely result.

Which protests have been dispersed violently in Switzerland? 

Due to global events, protests have become increasingly common in Switzerland over the last five years. Most have been peaceful, but there have been exceptions.

Measures introduced to limit the spread of the coronavirus between 2020 and 2022 led to violent protests being dispersed in BernZurich and Lucerne

Read More: Switzerland to impose tougher penalties for violent protesters

Climate change protests have also been violently dispersed by police, using pepper spray and rubber bullets – such as in Basel in February 2023.

Amnesty International has also raised serious concerns regarding the police dispersal of an International Women’s Day protest in Basel on March 17th of this year, in which rubber bullets were also used. 

Most recently, opponents of the Eritrean regime were dispersed with tear gas and water cannons at a demonstration in Gerlafingen, Aargau, on March 31st. 

What right do the Swiss have to protest? 

The right to peaceful protest is enshrined in the Swiss federal constitution—Article 16 provides for freedom of expression, while Article 23 protects the right to free association. 

Indeed, in 2020, the country successfully introduced a resolution to the United Nations Human Rights Council, calling for world governments to protect the right to protest and not use the coronavirus pandemic as a reason to curtail freedoms. 

Read More: What foreigners should know about the Swiss constitution

Furthermore, the country is a signatory to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, as well as the Optional Protocol to the Convention Against Torture, which could have some bearing on how protests are dispersed.  

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