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The Climate Litigation Database
Litigation

XR road block in Neuchatel, Switzerland

Date
2024
Geography
Switzerland

About this case

Filing year
2024
Status
Decided
Geography
Court/admin entity
Switzerland → High Court Neuchatel
Case category
–
Principal law
Switzerland → Criminal LawSwitzerland → Local regulation on Public Events (art. 6 and 10 LMDPu)
At issue
1) Whether the roadblock was protected by article 11 ECHR. 2) Whether the protestors acted in a state of necessity (art. 17 Swiss Criminal Code). 3) Whether article 52 (Swiss Criminal Code, no penalty for minor offenses) could exempt the activists from sanctions.

Documents

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Summary

During a street occupation in Neuchâtel in March 2020, several Extinction Rebellion activists were charged with taking part in an unauthorized demonstration and with violating the road traffic act and the traffic regulations ordinance. Out of the 15 accused that opposed their penal order, 14 were found guilty in the first and second instance. The remaining person was acquitted in virtue of her role in the protest (legal observer).