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Swiss fugitive gets seven years for attacking Paris police car

A Paris court on Wednesday handed down jail terms of up to seven years to protesters who attacked and torched a police car with two officers inside.

Published: 11 October 2017 15:29 CEST

Swiss fugitive gets seven years for attacking Paris police car

Swiss national Joachim Landwehr, who is on the run and was tried in absentia, was sentenced to seven years for throwing a smoke bomb into the car during the attack in May 2016, footage of which went viral on YouTube.

Six others were also convicted for their part in the incident, which took place after a police demonstration against the violence directed at officers during anti-government protests.

Among them was far-left activist Antonin Bernanos, 23, who was handed five years, which includes a two-year suspended sentence, for “aggravated violence against a police officer”.

Another was Nicolas Fensch who was caught on camera hitting the driver with an iron bar. He was given five years' jail, with two-and-a-half years suspended.

Another two defendants were acquitted following the five-day trial which took place last month, during which protesters gathered outside the courthouse chanting slogans such as “murderer cops”.

On Wednesday, another 40 protesters gathered outside the courthouse as the verdict was read out.

Last year's attack took place after the perpetrators broke away from a counter-demonstration against alleged police brutality.

Video footage showed black-clad youths, most with their faces covered, surrounding the squad car in traffic in central Paris. One can be seen kicking in the window on the driver's side, and another hurling a smoke bomb into the vehicle, eventually causing it to burst into flames.

When driver Kevin Philippy emerges from the car, Fensch can be seen lunging at him with an iron bar.

During the trial, Fensch — a self-taught computer programmer — apologized to Philippy.

Fensch's lawyer Antoine Vey described the judgement as “severe” but said his client — who has already spent several months in detention and will not have to serve further time behind bars — was glad to be free.

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 Bern, Zurich 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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