The Facebook Post of the young SVP of the Canton of Bern, was as a “Gypsy poster”, is racist. The decision of the Bernese Oberland court today and the two Co-presidents of the party, Nils Fiechter and Adrian Spahr, racial discrimination been found guilty.
The Bernese Oberland court, confirming the judgment of the lower court. This had sentenced the both of them young politicians met in January 2019-related money. The two young politicians do not want to, of course, also accept this ruling and have already announced the decision to the Federal court to move on.
Association of Moving fought back
the reason for the guilty verdict is a caricature, which published the Bern JSVP in February 2018 in a post on Facebook. The picture was Driving in a huge debris pile consisting of waste and feces. A Swiss in costume with the mountain cap was the stench of the nose. “We say no to transit places for foreign Gypsies!”, stand under the picture.
The society for threatened peoples and the Association of German Sinti and Roma in Switzerland reimbursed on display. The Facebook post break the Moving lump as dirty and criminal. The regional court of Bern shared this view in the first instance and sentenced Fiechter and Spahr because of racial discrimination. Its decision, the court reasoned, with a “hostile attitude”, which was to be imparted with the cartoon, and any “Eye” than miss it. Because the two young politicians did not accept the verdict, the case went to the Supreme court in a second round.
defense tactics went on
In the hearing last week, Fiechter, and Spahr had with your ignorance argues. You had not been aware that this Facebook Post racist could be. Behind this approach is also legally put a table calculus: Against the anti-racism law can, in fact, violated, only, who is doing this consciously.
your defender Patrick Freudiger, the Parliament sits for the SVP in the Bernese Canton, presented his two clients, therefore, as an awkward political freshmen. “Fiechter and Spahr are neither professional politicians nor communication professionals,” said Joyful. It should also be academics possible, to Express themselves politically without fear of a lawsuit. And anyway, it was in the cartoon to the controversial transit places for foreign travellers, not the Travellers themselves.
“Are not broke, apply on thin ice”
The attorney General made this Argument. In his view, the political message can be formulated easily different and the “maelstrom of racial discrimination” will be circumvented. “Instead, the two defendants on thin ice, and broke.”
The case of the two SVP-young politicians interested in far beyond the cantonal borders. The two accused have felt themselves. The policeman Spahr was transferred to his first-instance conviction in the indoor service. In the hearing at the high court he had complained that he gained due to the dislocation of several thousand Swiss francs less than when he must make shift in missions. And Fiechter looked at the first-instance judgment in his position as a Simmental community Manager at risk. A worry that was unfounded. Fiechter is still today the town administrator in Oberwil im Simmental.
Created: 06.12.2019, 14:41 PM