UBS bank occupation in Lausanne, Switzerland

In January 2020, about 30 persons demonstrated before and inside the premises of an UBS branch in Lausanne. Among them, 22 activists stained the floor of the bank lobby with coal to protest against the bank’s fossil investments. After the intervention by the police, 22 activists received a penal order from the public ministry for damage to property (Art. 144 Swiss Criminal Code, CC), trespassing (Art. 186 CC) and various contraventions of the police regulations (41 RGP, unauthorized demonstration; 26 RGP disruption of public order). UBS joined the charges as the affected party. 7 of the activists opposed their penal order. After dismissing the validity of the complaint filed by UBS on procedural grounds, the judge of the regional court of first instance dropped the charge of trespassing and acquitted the activists of damage to property, charging them with a symbolic fine of 100 CHF for taking part in an unauthorized demonstration in January 2022 (in contravention of the police regulations). On the prosecutor’s and defendants’ appeal, the cantonal court of second instance confirmed the verdict of the first instance in November 2022, thereby refusing to acquit the activists on the grounds of article 11 CEDH (freedom of expression). Since the prosecutor appealed this decision, the proceeding is currently pending before the Federal Court (as of July 9, 2024).