The public prosecutor followed a standard procedure Bern's justice system turns a mini-demo into a 12,000 franc trial
A mini-petition delivery by Amnesty ends up in court - and costs the canton of Bern around CHF 12,000 after an acquittal. The High Court reprimands the public prosecutor's office for its standard procedure.
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- In 2022, an Amnesty employee and five colleagues wanted to deliver a petition against the war in Ukraine to the Russian embassy in Bern.
- Because she had not obtained a permit, she was fined - the case ended up in court.
- After three years of proceedings, she was acquitted, but the campaign ended up costing taxpayers around CHF 12,000.
- The public prosecutor's office does not wish to comment on the defeat.
In March 2022, Lisa Salza, an Amnesty International employee, and five colleagues wanted to deliver a petition with 15,000 signatures against the war in Ukraine to the Russian embassy in Bern's Elfenau district.
The action was small and quiet: the group carried a peace flag, an A4 sign with the words "Protect Civilians in Ukraine" and took two photos. The actual handover did not take place because embassy security refused them access.
City of Bern tough on mini-protest
Nevertheless, the police inspectorate of the city of Bern initiated proceedings for violation of the rally regulations and issued the activist with a fine of CHF 300.
The Bern-Mittelland regional public prosecutor's office took over the proceedings and brought charges. It accused the woman of organizing a rally without a permit because she and her group had publicly protested against the war in Ukraine.
According to "Republik", it emerged in court that nobody in the police force knew exactly which regulations or orders prohibited such protest actions. A police officer who was summoned as a witness is reported to have said in court: This only concerned embassies "that receive too many letters with white powder".
In August 2024, the Bern-Mittelland Regional Court acquitted the woman. It came to the conclusion that the small, peaceful petition delivery was not a rally within the meaning of Bern's rally regulations. The action did not constitute an increased public use of public space and did not have an appealing function towards passers-by.
The public prosecutor's office did not accept the decision and took the case to the Bern High Court.
Public prosecutor's office stubbornly proceeded according to plan
On June 23, 2025, the Bernese High Court dismissed the appeal and confirmed the acquittal. In a ruling that has received little attention to date, the judges ruled that the Amnesty employee's appearance did not constitute a demonstration requiring a permit.
The small group had not obstructed traffic, approached passers-by or made an appeal to the public with their appearance.
The photos that the group took for media purposes were not sufficient, in the court's opinion, to derive a "rally with an appeal function" from this. The action was a small-scale petition delivery - not a political demonstration within the meaning of the regulations.
Although the High Court was sober in tone in its ruling, in the end it formulated a mild criticism of the public prosecutor's rigid, standardized approach: whether a demonstration requires a permit must be examined on a case-by-case basis, after weighing up the interests and taking into account the constitution. "A schematic, discretionary approach would not do justice to this," the court states.
The consequence for taxpayers: The canton of Bern must bear all the costs of the proceedings - together with the compensation for the acquitted activist, the costs add up to around CHF 12,000.
Fine is "absurd and contrary to international law"
Natalie Wenger, media spokesperson for Amnesty International Switzerland, welcomes the ruling, but says: "There should never have been an indictment in the first place. With their restrictive practice, the Bernese authorities are deterring legitimate and peaceful protest and undermining freedom of expression and assembly."
«The fine is absurd and contrary to international law. Fortunately, the Bernese High Court has now corrected this.»
Amnesty International Switzerland
Amnesty's criticism is correspondingly harsh: "Fining an employee because she wanted to hand over a demand for peace in Ukraine to the Russian representation is absurd and contrary to international law. Fortunately, the Bern High Court has now corrected this."
Public prosecutor's office does not comment on the ruling
When asked by blue News, Markus Scholl, deputy head of information at the public prosecutor's office in Bern, only commented briefly on the case: "We do not comment on a legally binding high court ruling. We have taken note of this judgment and accepted it," the written statement reads.
«We have taken note of and accepted this judgment.»
Media contact of the public prosecutor's office
When asked what consequences the public prosecutor's office will draw in order to protect taxpayers from such costs in the future, public prosecutor Markus Scholl refers to the law: it stipulates that the canton pays procedural costs and compensation in the event of acquittals. "There's nothing more to say."
Video from the department
Correction note: In an earlier version of the article, a subheading erroneously stated that the "High Court" had stubbornly followed the same procedure. Correct: This wording referred to the public prosecutor's office, as was correctly stated in the article text.
