Lawsuit against the Federal Council, Because of the ban on public Assembly in front of the European GerichtshofDie by the Federal Council adopted Corona-regulation, the European people, is violating the Convention on the rights of, complain to the unions. Now she has filed in Strasbourg a lawsuit.Philippe from Genf0 KommentareDie Corona-regulation of the Federal Council bans rallies, as here, on the Zurich sechseläuten square.Photo: Ennio Leanza (Keystone)
The Federal Council arranged a General demonstration ban in the case of a criminal penalty of three years imprisonment for a violation of the European human rights Convention. This view of the umbrella Association of the Geneva unions, Communauté genevoise d’action syndicale (CGAS) is. The umbrella Association and the Geneva Prosecutor Olivier Peter have therefore submitted on Tuesday to the European court of human rights in Strasbourg, a lawsuit.
The lawsuit against the Federal Council and the by him on the 13. March adopted Corona-regulation. In the suit it means that since the 13th century. March had given the authorities no authorization for organization of a rally, even if in the occasions, all of the health recommendations such as Social Distancing and the Wearing of a face mask, followed would have been. Instead, the police have all of the people who demonstrated yet, either intimidated or fined.
750 francs buses for activists
As in other large Swiss cities have also taken place in Geneva in the last days of the rallies. A large group of cyclists rode through the city to promote climate protection. The authorities stated first of all, it attempts to identify all the cyclists and to buses. Safety Director Mauro Poggia clarified this week that only the organizers would be fined.
also called the four square movement was in Geneva. Their members gathered on public places, painted with chalk a four-square-large Square on the floor, and sat down in the field, to demonstrate against the ban on public Assembly. Although the distance bid of the Federal Council’s respect, lost the Geneva police with 750 francs.
This practice is illegal, complain to the unions in their lawsuit. Unlike other States, the members of the Council of Europe, have made Switzerland their right use, of the European Convention on human rights to derogate. Countries such as Albania, Armenia, Estonia, Georgia, Latvia, North of Macedonia, Romania or Serbia informed the Secretary-General of the Council of Europe after the outbreak of the Corona-crisis, they would apply certain articles of the Convention during the crisis.
In Austria, or Portugal allowed
Because Switzerland refused with good reasons, is remained, according to the plaintiffs in this country, the whole of the Convention “in full force”, and in particular article 11, which States: “Every Person has the right to freedom of peaceful Assembly and freedom of Association must also have the right to the protection of his interests and to join trade unions.” The applicants complain that the authorities are “the arrangement of a General prohibition would have to take distance”.
restrictions would have been enforceable, if you tested each individual case and the principle of proportionality had been adhered to. Because the authorities ignored this, had been deprived of the Geneva trade unions of their Right to peacefully assemble. In other countries, such as Greece, Portugal and Austria trade Union occasions and have been allowed to take place, however.
“Even if the Federal Council is a breach of the Corona-regulation cancels out, the Law already taken place.”
Olivier Peter, attorney
Why the trade unions in Strasbourg against Switzerland, and not directly to the Canton of Geneva have brought? Her lawyer, Olivier, Peter says: “A lawsuit against a Canton is not provided for in the Convention, and the regulation makes the cantons, no game room, rallies allow.” In addition, Switzerland was not the whole of the Canton of Geneva, the state signatory to the European Convention on human rights.
in the event that the Federal Council will remove it from this Wednesday its regulation, says Peter: “The law violation has already occurred and must be recognized as such.” With a ruling from Strasbourg is not expected until in a few years. Initially, the European court of human rights will consider whether the complaint is valid. This means it is clarified, whether the trade unions have become direct victims of a possible law infringement.
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