decision

Bern Rise Up For Change 2020, Bundesplatz, Bern, Switzerland - decision

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

Filing Year For Action

In September 2020, several hundred people occupied the main square in front of the parliament (Bundesplatz) in Bern as part of the “Rise Up For Change” action days. After two days, the police evacuated the remaining approximately 200 people, where around 90 people were arrested for several hours. Around 150 people later received a penal order accusing activists of the prevention of an official act (art. 286 Swiss Criminal Code, CC) and contempt of official orders (art. 292 CC), and around 18 people filed a rejection of penal order to enter criminal trial proceedings. 

While the Bern High court rejected a request to join most of the 18 cases into a collective trial, the Regional court (first instance), declared one of the cases a “pilot” trial, and suspended all other cases until the pilot trial was finished. Despite an open appeal at the court of second instance to join the cases, the court of first instance proceeded with the pilot trial and convicted an activist in line with the criminal charges issued with the penal order (RG BE PEN 21 1011, 12.12.2022). The verdict (and the “pilot” nature of the trial) was appealed by the defendant’s lawyer. Whereas the appeal against the verdict was later withdrawn, the appeal against the “pilot” nature of the trial and the suspension of other cases were successful. To the activists, the “pilot trial” poses a risk of prejudicing their individual cases, thereby undermining their due process rights (Art. 6 ECHR). 

The appeal was upheld by the second instance (OG BE BK 22 396, 15.3.2023). In a somewhat contradictory decision, the court declared the “pilot” nature of the first case void and overturned the suspension of the other cases, while still refusing to join the cases. One of the defendants appealed against this decision to the Federal Supreme Court which rejected the appeal to join the cases (BG 7N_209/2023, October 11, 2023). The defendant may be appealing to the ECtHR. In the meantime, most of the 18 defendants who initially filed a rejection against the penal order have withdrawn the rejection and thus accepted the criminal charges. A few activists decided to go through the courts to contest their penal orders, and if needed, to take their cases to the ECtHR in Strasbourg. The second and third trial also confirmed the charges of the penal order and convicted the defendant (for second trial, see PEN 22 361, 27.11.2023).

Bern Rise Up For Change 2020, Bundesplatz, Bern, Switzerland

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

The activities of industries that transforms raw materials into finished goods through industrial processes.

Bern Rise Up For Change 2020, Bundesplatz, Bern, Switzerland - decision

Policy instrument

Impacted group

Economic sector

Finance