Breakfree action “End fossil finance build just transition” in Geneva, Switzerland

In October 2021, three Breakfree activists received a large fine (2300 CHF) for using emergency flares without permission and for polluting public space in the context of an authorized demonstration at the Place des Nations in Geneva. On appeal by two of the activists against the penal order, the court of first instance reduced the fine to CHF 200 and convicted the activists for the unauthorized use of fireworks. The court dismissed the existence of a state of necessity based on recent case law (cf. “#IfRogerknew, Lausanne Action Climat Playing Tennis in the Hall of Crédit Suisse, Switzerland” case) and noted that the use of fireworks presented a threat to the public order, which was incompatible with articles 10 (freedom of expression) and 11 (freedom of assembly and association) ECHR.