SHARE
COPY LINK

POLICE

Your rights in Switzerland: Can police enter your home if you break coronavirus rules?

Switzerland has mandated a slew of measures to curb the spread of Covid-19, both for public and private domains. But can authorities knock on your door to check if you are complying with the restrictions in your home?

Your rights in Switzerland: Can police enter your home if you break coronavirus rules?
Police can't forcefully enter your home. Photo by AFP

While it is easy to monitor public spaces, checking compliance in the privacy of your home is not as simple.

Let’s say that you disregard the rule limiting get-togethers to five people and invite a larger group to your apartment. Let’s further assume that your neighbours get wind of your infraction and call the police.

READ MORE: EXPLAINED: What are Switzerland's current coronavirus rules you need to know

What could happen?

By law, the Swiss police can’t enter your home without a search warrant, except in life-threatening emergencies.

“If the residents refuse to open the door, that is their right. They don't have to let law enforcement in”, Florence Frei, communications officer at the Vaud cantonal police, said in an interview with Le Matin newspaper. 

“Pandemic rules don’t give authorities more power”, Frei noted.

She added that “we don’t usually carry out spontaneous checks in the private sphere. While unusual behaviour, increased noise, or other factors may cause us to verify that the restrictions are being observed, entry into the home is only by mutual agreement”.

But that doesn’t mean that the resident will prevail.

Frei said that if the police find on the spot that rules have been broken, they will report the offending person to judicial authorities.

This happened to a man in Clarens, Vaud, who was fined 2,000 francs for organising a party for 70 guests in his apartment in December.

And a woman in Grenchen, canton Solothurn, was fined 1,900 francs for ending her quarantine four days early. 

“Fortunately, refusals to cooperate rarely occur”, Frei said.

What are the penalties for breaching coronavirus measures?

They can be steep.

In December, the Swiss Conference of Prosecutors adopted a uniform set of sanctions for non-compliance with the country's Covid-19 restrictions. 

READ MORE: What are the penalties for breaking Switzerland’s coronavirus rules? 

These are the recommended penalties for individual offenders:

  • Avoiding quarantine or isolation: 1,000 to 1,500 francs
  • Not wearing a mask where it is compulsory to do so: 250 francs
  • Gatherings of more than 15 people in public: 100 francs
  • Avoiding medical supervision: 800 to 1,000 francs

For restaurant owners and organisers of events, the fines are as follows:

  • Serving food and drinks to people not seated at a table: 500 francs
  • Not having a health protection plan in place: 2,000 francs
  • Insufficient protection plan: 500 to 1,000 francs
  • Non-compliance with official health rules: 500 francs
  • Gatherings of more than 50 people: 2,000 francs

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

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.  

SHOW COMMENTS