The Council of States rejects terrorism submission to the Commission. The reason is the planned international cooperation. To combat terrorism, the Federal Council has submitted to the Parliament two bills. The a is intended to facilitate the prosecution of terrorist offences, the other provides for preventative measures.
The preventive measures should not resort to a, if the notes for the opening of criminal proceedings, be sufficient. On the other, to enable the authorities to have someone released from prison still under control.
law Commission to consider
The Council decided, however, both submissions to the preliminary advice to the security-political Commission to reject. He demanded that not only this, but also the law Commission is dealing with it. This was requested Beat Rieder (CVP/VS) with a view to the criminal law template. He pointed to the criticism of the bar Association to which he belongs.
The template go far beyond the fight against terrorism, in particular in the area of legal aid, argued Rieder. The prosecutors were allowed early information to foreign criminal investigation authorities, and not only in terrorism, but also for ordinary offences.
Joint investigation teams
More Rieder criticized that, together with other States, joint investigation teams could be created. In order for Switzerland to give skills “difficult to control supranational institutions,” said Rieder. “We want to allow it really that foreign law enforcement to identify authorities in Switzerland?”
Minister of justice, Karin Keller-Sutter disagreed. The principles of the Proceedings would be respected, she stressed. The Swiss authorities could decide in which cases such a determination would be used and to whom they prematurely information and evidence to come would leave. “The sovereignty is respected,” said Keller-Sutter.
The Council agreed to the referral request, however, with 33 votes to 12. Because he would like to advise both templates together, he rejected then also the template with the police-preventive measures – with a 34 to 10 vote.
recruitment prohibited
In the centre of the first template to create a new criminal provision, which provides Recruiting, training, and travel for terrorist purposes, under penalty. Financing of actions is included. Today, there are provisions in the temporary law. Now this should be on a permanent legal basis and a clear focus provided.
The security policy Commission has recommended that the Penalties for both criminal as well as terrorist organizations on up to ten years.
Preventative measures
In the second template, delicate questions to debate are the rule of law. What to do if someone is classified as dangerous, but the evidence is not sufficient for a criminal case? Or if someone has served his punishment, but still as dangerous is?
The Federal Council proposes that the strongest police-preventive measure of house arrest for terrorist threat. As such persons in accordance with the law shall then apply, if due to concrete and current evidence it must be assumed that they will be engaged in a terrorist activity.
“cuddle law,” or at the border?
Some not house arrest far enough. Thomas Minder (independent/SH) spoke of a “Comforter of the law” and “soft measures”. Commission spokesman Daniel Jositsch (SP/ZH) was, in turn, the template is the opposite of a “cuddle law.” “We have gone as far as it is constitutionally reasonable and permissible,” said Jositsch. The critics postulated preventive detention. So people could be on pure suspicion over a longer period of time locked up in jail. This would go beyond the borders of the European Convention on human rights.
“We may not overturn the rule of law overboard, otherwise we lose what we want to defend”, was Jositsch to bear in mind. This would be in the interests of the terrorists. Also Keller-Sutter called on to note the limits of the rule of law. Before the Council deliberates on the Details of the two proposals will now go to the law Commission. (aru/sda)
Created: 09.12.2019, 19:03 PM
