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#4m2 action during COVID-19 pandemic in Geneva, Switzerland
About this case
Filing year
2020
Status
Pending
Geography
Court/admin entity
Switzerland → Switzerland's Federal Supreme Court
Case category
Suits against corporations, individuals (Global) → Protesters (Global)
Principal law
International Law → European Convention on Human RightsSwitzerland → ConstitutionSwitzerland → Criminal LawSwitzerland → Local regulation on Public Events (art. 6 and 10 LMDPu)Switzerland → National regulation on COVID-19
At issue
Whether the protest violated the local regulations and COVID-19 law, and whether it was protected under article 22 of the Swiss Constitution and article 11 ECHR.
Topics
, ,
Documents
Filing Date
Document
Type
Topics
Beta
Search results
09/23/2023
Decision, 1st Instance (French)
Decision
–
07/31/2023
Decision, 3rd Instance (French)
Decision
–
07/13/2022
Decision, 2nd Instance (French)
Decision
–
Summary
In May 2020, an online initiative named ‘#4m2’ enjoined participants from the Swiss climate movement to symbolically occupy various public places in Switzerland for fifteen minutes a day by silently sitting or standing in the middle of self-drawn squares. The goal of the action was to demand ‘a more sustainable post-pandemic society’. On the 6th of May, 4 people taking part in the action in Geneva were arrested and charged through a penal order with a fine of 600 CHF each for not respecting the ban on gatherings of more than 5 people (article 7c of the Ordinance 2 COVID 19) and for refusing to comply with police orders (article 10 LMDPu).
In September 2021, the regional court (first instance) was unable to determine whether the gathering involved more than 5 people and noting participants' compliance with police orders within a reasonable timeframe, acquitted three activists of the aforementioned charges. The court convicted the remaining person on the grounds of article 10 LMDPu for its reluctance to comply with police orders, but did not pronounce a sentence (according to article 52 of the Swiss Criminal Code).
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Group
Topics
Policy instrument
Impacted group
Fossil fuel
Economic sector
Finance