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Swiss basketball star slams police in US trial

Swiss NBA star Thabo Sefolosha insisted on Wednesday that he was targeted with unjustified police violence after an incident outside a night club, at his trial for resisting arrest and disorderly conduct.

Swiss basketball star slams police in US trial
Sefolosha (centre) leaves court. Photo: Jewel Samad/AFP

Lawyers for the Atlanta Hawks forward, who is black, maintain that New York police officers who arrested him handled him so aggressively that they broke his leg. Police say Sefolosha was belligerent, and that he called an officer a midget.
   
In any event, lawyers for the player, and Sefolosha himself, have cast the incident as another case of overzealous police handling of black men.
   
A wave of police killings of unarmed black men has become a defining issue across the United States, sparking a wave of protests and giving birth to a new generation of rights activists.
   
Sefolosha had ligament damage, had to undergo surgery as well as months of rest that he says made him miss the National Basketball Association playoffs.
   
The incident took place April 8th, shortly after another pro player, Chris Copeland, was knifed on his way out of the same club.
   
Prosecutors argue that Sefolosha did not obey the orders of police officers who were trying to clear a crime scene.
   
“He doesn't think the rules apply to him,” Jesse Matthews, an assistant district attorney, told jurors. “Defendant displayed a sense of entitlement and disdain.”
   
But Sefolosha's lawyer, Alex Spiro, had a different take.
   
“I think he (the arresting police officer) saw a black man in a hoodie,” Spiro said referring to the hooded sweatshirts favored by American teens and young adults.

Born to a Swiss mother and a South African father, Sefolosha is a native of Vevey in the canton of Vaud.

The 201-centimetre-tall athlete is the best known of four players from Switzerland currently playing basketball in the American big leagues.

He launched his career in Vevey with the Riviera Basket pro team before playing in France and Italy.

Sefolosha was picked in the 2006 NBA draft debuting with the Chicago Bulls before playing with the Oklahama City Thunder and for a year (2011-12) with the Turkish team Feberbahçe Ülker of the Euroleague.

He joined the Atlanta Hawks in 2014.

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PROTESTS

How free are people to protest in Switzerland?

As a centre of international diplomacy and cooperation and with its unique system of direct democracy, Switzerland enjoys a reputation for upholding fundamental human rights—but how free are the Swiss to express their opposition to power?

How free are people to protest in Switzerland?

In its recently released 2024 report, Amnesty International criticised Switzerland for imposing restrictions on the right to protest and for dispersing protests violently. 

So what’s the problem? 

While not an explicit ban on protest, Amnesty International considers the obligation in some Swiss cantons for protest organisers to gain official approval and shoulder potential costs to be a repressive measure—essentially a ‘workaround’ in cooling dissent.

Amnesty International’s criticism comes on the heels of other concerns.   

In 2024, Amnesty International joined with the United Nations in criticizing moves by some Swiss cantons and cities to ban protests regarding the Middle East conflict as ‘disproportionate’. 

Read More: How ordinary citizens can try to change the law in Switzerland

The organization has also highlighted the continued use of rubber bullets by Swiss police in dispersing protests as a serious area of concern. 

Furthermore, any changes to protests are controlled or permitted in Switzerland must be made through individual cantons due to the country’s devolution of specific powers – a process that could take years. 

So what restrictions have been introduced in Switzerland?

In early March, the ‘Anti-Chaoten’ initiative put forward by the right-wing Swiss People’s Party (SVP) youth wing, which would have placed significant legal and financial burdens on protesters, was rejected in a Zurich cantonal referendum. However, a counterproposal by cantonal authorities was accepted at the polls.

The successful counterproposal requires explicit permission from authorities to hold a protest or rally, as well as passing on the cost of the police operation, as well as any intentional damage, to protest organizers. Failure to gain approval for protests can result in charges being laid. 

Following the success of the Zurich measure, the Basel SVP intends to introduce a similar proposal to be voted on in August – with the same likely result.

Which protests have been dispersed violently in Switzerland? 

Due to global events, protests have become increasingly common in Switzerland over the last five years. Most have been peaceful, but there have been exceptions.

Measures introduced to limit the spread of the coronavirus between 2020 and 2022 led to violent protests being dispersed in BernZurich and Lucerne

Read More: Switzerland to impose tougher penalties for violent protesters

Climate change protests have also been violently dispersed by police, using pepper spray and rubber bullets – such as in Basel in February 2023.

Amnesty International has also raised serious concerns regarding the police dispersal of an International Women’s Day protest in Basel on March 17th of this year, in which rubber bullets were also used. 

Most recently, opponents of the Eritrean regime were dispersed with tear gas and water cannons at a demonstration in Gerlafingen, Aargau, on March 31st. 

What right do the Swiss have to protest? 

The right to peaceful protest is enshrined in the Swiss federal constitution—Article 16 provides for freedom of expression, while Article 23 protects the right to free association. 

Indeed, in 2020, the country successfully introduced a resolution to the United Nations Human Rights Council, calling for world governments to protect the right to protest and not use the coronavirus pandemic as a reason to curtail freedoms. 

Read More: What foreigners should know about the Swiss constitution

Furthermore, the country is a signatory to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, as well as the Optional Protocol to the Convention Against Torture, which could have some bearing on how protests are dispersed.  

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