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Credit Suisse Protesters Trials - judgment

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Credit Suisse Protesters Trials - Other

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In November 2018, climate activists wearing sports clothes and wigs simultaneously staged tennis matches in local branches of Credit Suisse in Lausanne, Basel and Geneva to protest the bank's fossil fuel investments and pressure tennis star Roger Federer to end his sponsorship arrangement with the institution. Whereas in Geneva and Basel the activists got away with it, the activists from the collective “Lausanne Action Climat” were charged with trespassing and fined 21,600 Swiss Francs ($22,000) on the grounds of unlawful entry (art. 186 CC), prevention of an official act (art. 286 CC) and various violations of local police reglementation. January 13, 2020, Judge Philippe Colelough concluded on appeal that the activists had acted proportionately to the imminence of climate danger and waived the fine. He wrote, "Because of the insufficient measures taken to date in Switzerland, whether they be economic or political, the average warming will not diminish nor even stabilize, it will increase," the judge explained. "In view of this, the tribunal considers that the imminence of danger is established. . . . The act for which they were incriminated was a necessary and proportional means to achieve the goal they sought." 

The acquittal was overturned by the Swiss Court of Appeals in Renens on September 22, 2020. The Court convicted the defendants and ordered them to pay fines of up to 150 francs ($160). The Court reasoned that although the danger from climate change is imminent, the protesters could have used other means to protest against the bank and had thus violated the absolute subsidiarity principle.

The third instance confirmed in substance the cantonal judges’ decision. In a ruling that is shaping other criminal trials of Swiss climate activists to this day, the court opposed the application of a state of necessity to the case, arguing that climate change could not be understood as an “imminent danger” in the sense of the law, nor that it threatened the individual legal assets of the activists. The judges also dismissed the application of articles 10 & 11 CEDH (freedoms of expression and assembly) since the protest took place on private property of the bank.

After this key decision by the Supreme Court, further appeals and counterappeals have been exchanged between activists and their lawyers, and the prosecution. Essentially, the parties have been in disagreement as to whether the activists had hindered the police during the evacuation and whether the protest was protected under Art. 10 and 11 (freedom of expression and assembly) of the ECHR or not. As of the time of writing, the case is pending before the European Court of Human Rights in Strasbourg, where the activists are challenging the Swiss government on the ground of the violation of their fundamental rights to freedom of expression and assembly.

Credit Suisse Protesters Trials

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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

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

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.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

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

Production of electricity and heat from solar irradiation.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Credit Suisse Protesters Trials - judgment

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance