Federal Criminal Court: Provisional Seizure of Gaddafi Posters in Geneva
The Federal Criminal Court has upheld the provisional seizure of the Gaddafi posters belonging to the right-wing populist Mouvement citoyens genevois (MCG) and rejected an appeal against the decision. The MCG had intended to use the posters to promote the SVP’s deportation initiative.
Originally, the poster featured a likeness of Libyan leader Muammar Gaddafi. When this came to light in late October, the Federal Prosecutor’s Office launched an investigation against MCG President Stauffer for insulting a foreign state. At the same time, it ordered the provisional seizure of the Gaddafi posters.
Stauffer and the MCG filed an appeal with the Federal Criminal Court against this seizure. They also requested that the measure be suspended so that they could still put up the posters until a final decision is reached. This is because on November 28, voters will decide on the SVP’s deportation initiative.
On Tuesday, the Federal Criminal Court upheld the Federal Prosecutor’s Office’s decision and rejected Stauffer’s request for a stay of execution. According to the judges in Bellinzona, the Office of the Attorney General did not ban the poster per se. It merely required that no connection be made between the deportation initiative and Muammar Gaddafi or the Libyan state.
The Federal Criminal Court states in its ruling that the decision by the Office of the Attorney General of Switzerland thus imposes only a very limited restriction on freedom of expression. On the other hand, it likely prevents a foreign state from being offended by the posters, the ruling continues. This would also help safeguard Switzerland’s interests, especially since relations between Bern and Tripoli are not the best.
The court urged the Office of the Attorney General to expedite its work on this matter. This is because the Office of the Attorney General needs permission from the Federal Department of Justice to proceed with the case. However, it has not yet received this permission. According to the court, it is absolutely necessary to know by November 28 whether the measure was justified or not.
Shortly after the posters featuring a photo of Muammar Gaddafi were confiscated, the MCG announced that it would now have posters printed bearing the likeness of his son, Hannibal. However, the right-wing populist party ultimately refrained from this provocation. Although the referendum posters have since been put up as announced, they do not feature a picture of Gaddafi. The space where the image would have been was simply left blank.
Stauffer and the MCG filed an appeal with the Federal Criminal Court against this seizure. They also requested that the measure be suspended so that they could still put up the posters until a final decision is reached. This is because on November 28, voters will decide on the SVP’s deportation initiative.
On Tuesday, the Federal Criminal Court upheld the Federal Prosecutor’s Office’s decision and rejected Stauffer’s request for a stay of execution. According to the judges in Bellinzona, the Office of the Attorney General did not ban the poster per se. It merely required that no connection be made between the deportation initiative and Muammar Gaddafi or the Libyan state.
The Federal Criminal Court states in its ruling that the decision by the Office of the Attorney General of Switzerland thus imposes only a very limited restriction on freedom of expression. On the other hand, it likely prevents a foreign state from being offended by the posters, the ruling continues. This would also help safeguard Switzerland’s interests, especially since relations between Bern and Tripoli are not the best.
The court urged the Office of the Attorney General to expedite its work on this matter. This is because the Office of the Attorney General needs permission from the Federal Department of Justice to proceed with the case. However, it has not yet received this permission. According to the court, it is absolutely necessary to know by November 28 whether the measure was justified or not.
Shortly after the posters featuring a photo of Muammar Gaddafi were confiscated, the MCG announced that it would now have posters printed bearing the likeness of his son, Hannibal. However, the right-wing populist party ultimately refrained from this provocation. Although the referendum posters have since been put up as announced, they do not feature a picture of Gaddafi. The space where the image would have been was simply left blank.
