Swiss court fines four protesters over ‘Kill Erdogan’ banner
A Swiss court has fined four people over a banner used during a 2017 protest in Bern against the Turkish government that showed a gun pointed at an image of Turkish President Recep Tayyip Erdogan next to the words, “Kill Erdogan".
On Thursday, Bern’s High Court found the four protesters guilty of public incitement to commit crimes or violence. Appeals against the verdicts have been lodged with Switzerland’s Federal Court.
The latest verdict overturns acquittals handed down by the Regional Court of Bern-Mittelland in March 2022 to four left-wing demonstrators, as detailed in the 65-page judgement.
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Following an appeal by Bern’s Office of the Attorney General against the earlier decision, the Bern High Court concluded that the inscription had written “Kill Erdogan with his own weapons!” and the banner had depicted the likeness of the Turkish head of state with a pistol pointed at his head at a right angle to his temple.
‘Unmistakable’ call to kill
Given this overall picture, the ruling said that it was difficult to comprehend how the verb ‘to kill’ could be construed differently than a clear and unmistakable call to kill the Turkish head of state. According to the higher court’s ruling, the banner conveyed that he should be shot with a pistol.
Furthermore, the ruling said it should be assumed that a shot from a pistol at close proximity into the head or temple of a person is very likely to result in death. In view of this overall context, the banner undoubtedly called for the killing of the Turkish president and thus a crime.
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When viewed objectively, it said there was no room for a metaphorical interpretation. Public incitement to kill a person is not protected by freedom of expression or freedom of assembly.
Appeals lodged with the Federal Court
The High Court imposed day-fines of between 16 and 45 days on the four individuals of between CHF70 ($78) and CHF100. The fines were unconditional for the two people with previous convictions. The court also imposed two additional fines of up to CHF500. The Tamedia newspaper group first reported the verdicts on Thursday.
The latest verdicts are not legally binding and appeals against all four judgements have been lodged with the Federal Court, one of the lawyers confirmed on request. They said that the banner displayed at the demonstration was never an incitement to commit a crime, as it lacked clarity and seriousness.
Turkish intervention
The poster was carried on the sidelines of a demonstration in Bern in March 2017 calling for democracy in Turkey. The demonstration had been organised by Kurdish associations, the Social Democrats and the Greens, among other organisations.
On the day of the protest, Turkey made an official complaint to the Swiss Foreign Ministry in Bern about the banner and summoned the Swiss deputy ambassador in Ankara. There was also a telephone conversation between the countries’ foreign ministers.
Adapted from German by DeepL/kp/sb
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