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Swiss police under fire for ‘arbitrarily’ targeting foreigners in canton of Aargau

Aargau police accused foreign nationals travelling through Switzerland of committing crimes, a report shows.

Swiss police under fire for 'arbitrarily' targeting foreigners in canton of Aargau
Police officers in Aargau were heavy-handed weith foreign motorists. Photo by SEBASTIEN BOZON / AFP

Police in the northern Swiss canton of Aargau reportedly acted outside the law by targeting foreigners passing through the canton, especially motorists from Eastern Europe and the Balkans.

In an article entitled “Wild West in Aargau”, Switzerland’s SonntagsZeitung newspaper reports that in recent years cantonal police acted on a service order to stop and detain foreigners suspected of being “criminal tourists”, even though no legal basis to do so existed.

Experts who examined the police order in question said it “reads like a license for arbitrary arrests”, the newspaper reports.

It stipulated that “suspicious persons who are not domiciled in Switzerland are to be placed in a police station”, SonntagsZeitung wrote.

The order was directed only towards non-resident foreigners, not foreigners residing in Switzerland.

Under normal circumstances, people who are arrested should be told what the allegations against them are.

But “according to the files of the investigated cases, these regulations were often not complied with. In other words, the police violated the rights of the arrested foreigners”, the newspaper reported.

One such cited case involved a screwdriver found in a car with an Eastern European license plate, which prompted police officers to accuse occupants of burglary.

Since the discovery of these practices, the Aargau police department “has been made aware of the issue of ‘racial profiling’ and employees receive regular training”, experts told the newspaper.

“The order states that identity checks are not permitted solely on the basis of externally recognisable features of a certain ethnic group or nationality”, it added.

Additionally, conditions under which a person who has been stopped may be brought to the police station have been regulated more clearly.

READ MORE: How do the Swiss really feel about foreigners?

Aargau, which sits between the cantons of Zurich, Basel City and Germany, is Switzerland’s fourth-largest canton by population. 

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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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