Standard Operating Retribution: Switzerland’s Expansion of Police Power

When street violence disrupts the comfortable order of Bern, the Swiss political establishment turns to its favorite reflex: administrative adjustments. A year after a pro-Palestinian demonstration spiraled out of control and left 18 police officers injured, parliament has quietly endorsed a significant expansion of state authority. Under a new proposal passed by both the Council of States and the National Council, police will soon be permitted to detain suspects for 48 hours rather than the traditional 24.

The logic from law enforcement is predictably pragmatic. Max Hofmann, representing the Association of Swiss Police Officers, argues that a single day is simply insufficient to process dozens of detainees following mass arrests. Extended custody, in his view, allows officers to assemble meticulous dossiers before handing suspects over to public prosecutors. Hofmann even suggested a more punitive secondary effect, musing that an unexplained absence from work on Monday morning might serve as a useful lesson for demo participants looking to avoid future violence.

That informal view of detention as an educational inconvenience reveals a fundamental misunderstanding of civil liberties. Detention before trial is not a preview of a prison sentence, nor is it meant to inflict social embarrassment. Alicia Giraudel of Amnesty International rightly points out that longer police custody inherently deepens the state's interference with individual rights, all while the fundamental presumption of innocence remains in force.

The practical legal bottleneck lies elsewhere. Under standards set by the European Court of Human Rights, any suspect must face a judge for detention approval within 96 hours. By giving police two full days to process paperwork, parliament effectively starves prosecutors and compulsory measures courts of the time needed for meaningful review. Squeezing judges into a frantic 48-hour window does not enhance safety; it merely risks turning judicial approval into a rushed rubber stamp.

The Federal Council now faces the uncomfortable task of drafting a concrete mechanism that satisfies lawmakers' punitive appetite without openly violating international human rights frameworks. Switzerland's naive belief that public safety can be manufactured simply by keeping citizens locked up longer without prompt judicial oversight is about to meet the messy reality of constitutional law.

Written by Sandy van Dongen sandy.vandongen@alpineweekly.com