Swiss courts take political stance in climate trials, says study

Swiss courts tend to take a political stance in climate trials, a study found. © Keystone / Laurent Gillieron

During climate trials Swiss courts tend to take a political stance, and freedom of expression and assembly are often given little consideration compared to the protection of private property, said a Swiss study.

For the first time, a study by the universities of Lausanne and Bern has analysed all the climate actions suppressed by the courts since 2018 in Switzerland.

Looking back at 150 court rulings affecting climate activists, the study found that Swiss judicial authorities believe that the consequences and solutions of climate change should not be discussed in court.

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As reported by Swiss newspaper Le CourrierExternal link on Thursday, the study, which was published in May, showed that peaceful actions are often punished as offences and freedom of expression and assembly are given little consideration. 

“Greater importance is given to the protection of private property and the interests of third parties, such as freedom of movement on public property. But these are political considerations,” says Clémence Demay, co-author of the study.

Although most proceedings are ongoing, the researchers claim that the judicial decisions have a “political dimension”.  

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According to the researchers, these trials have a deterrent effect on activists. “More and more people are afraid to take part in peaceful protests, even though they are a democratic right,” Demay said.  

The study also examined the rulings on police practices and found that some courts have questioned the legality of some measures taken by the public prosecutor’s office, including full-body searches and DNA samplings.