Anti‑rep

Important: The march is authorized. In principle, you should not expect contact with the police. Nevertheless, it’s important to know your rights. If you want to stay on the safe side, read through the following anti‑rep information.

General:

The only information you have to give about yourself is what’s on your ID and your home address. Telephone/mobile number, employer or place of training, etc., should ideally not be disclosed.
The police have the right to check your identity. Although you are not obliged to carry an ID, to avoid trouble or lengthy verifications, it’s recommended to carry one when you’re out.
Police officers must tell you their name on request, and plain‑clothes police must show their badge.
If there are abuses, remember the officers' names, place, date, time, and names and addresses of any witnesses. This is important for complaints against the police. Report abuses (beatings, insults, etc.). At the end of this legal aid brochure you'll find contact information for where to report.
Write down a memory protocol about the contact with police as soon as possible.

Pat‑downs / Searches:

Searches in public that require you to remove more than outer clothing (e.g., down to underwear) are not permitted.
But pat‑downs are (e.g., emptying pockets, frisking for weapons).
Request that the police search you in the car or at the station. (You’ll then be held longer in custody.)
Only medical personnel may inspect body cavities. Women should be patted‑down/searched by women, men by men. Although legally a man can search a woman under “danger to life or limb”… we recommend women insist on being searched only by women.

Arrest:

You must be informed of the specific accusations for your arrest. Ask for the reason for your arrest and remember it for your memory protocol. The police must observe proportionality. They can hold you for 24 hours (48 h on weekends), after which they must present you to an examining judge. Normally the police hold you for 1–6 hours.
Generally: once your identity is established, the police must release you immediately unless there’s a reason for a temporary arrest or a court warrant exists. And: you are under no obligation to make statements (“Eyes open, mouth shut!”) and you have the right to a lawyer.
You don’t have to prove your innocence; it’s up to the police or investigating judge to prove your guilt!

Preventive detention:

The police may temporarily remove or detain you if, for example, “there are reasonable grounds” that you endanger public safety or order, or hinder police work.
In case of temporary arrest, note:

The police must immediately state the reason for depriving you of liberty.
You have the right to inform relatives or trusted persons as soon as possible.
You have the right to refuse to answer and to refuse identification measures.
The police must have a court decide as soon as possible whether you can be kept in custody.
The police must release you within 24 hours, or earlier if the cause for detention ceases (e.g., the demo or football match is over, public order is no longer at risk, etc.), or if a court orders your release.

Right to remain silent:

You are not required to make any statement!
You don’t have to give: your job (employer, trainer), hobbies, acquaintances, etc. You are not obliged to disclose this. Remember: this is already interrogation, and everything said can be used against you.
“I have nothing to say” or “I refuse to answer” are your best responses, or you may simply remain silent. Nodding or shaking your head counts as making a statement.
Do not be intimidated or provoked. Most threats are bluffs aiming to scare you.
Do not resist (physically), or you make yourself liable to charges.
If you are held at the station for more than 24 hours (48 h on weekends), immediately demand a lawyer. Legal advice hotline: 031 372 48 43 (office hours)

Identification measures (ID measures):

ID measures include fingerprints, palm prints, photos, blood, urine and handwriting samples, etc.
The police may take fingerprints if:
They suspect you of a crime or offense
You’ve been convicted and must go to prison or a penitentiary
You’ve been expelled or are under an entry ban
You’re removed by immigration police or held in extradition custody
Your identity cannot otherwise be determined (so: always carry an ID).
This means: if you are arrested during a demonstration, held preventively, or simply taken to the station, you may refuse having your fingerprints taken or photos made. The police cannot force you — only a judge could compel it.

Seizure:

If the police want to confiscate anything (weapons, knives, sprays, money, etc.), demand a receipt. Confiscation is only allowed if the items could serve as evidence, are connected to a crime, or endanger morality or public order. If confiscated goods are legal and not evidence, you can reclaim them later (with the receipt).

Handcuffs:

Handcuffs or restraints are only allowed if there is flight risk, expected yellence, or multiple people are being transported.
Our tip: if handcuffs or zip‑ties are too tight, demand they be loosened.

Injuries:

If you're beaten during arrest or questioning, the cuffs are applied too tightly, or a police dog bites you, insist that this be recorded in the report.
After release, immediately see a doctor or emergency room and request a medical certificate for your injuries. This will help later if you file a complaint or charge against officers.

Insults:

If you are insulted by police, you may file a report. It's helpful to have witnesses. Get advice from lawyers.

Stay alert—don’t look away!

We as citizens (no matter our passport) must keep an eye on the police. Eyes open instead of looking away! As soon as yellent or improper behayelr by officers is observed and people know their rights, officers think twice.
Intervening is always good and necessary. The risk: a charge (and fine) for obstructing official duty. So: don’t barge in (unless there is yellence), better inform from a safe distance about the person’s rights (e.g., right to remain silent).
Note time / place / events in case the person needs witnesses. Physical force only makes things worse and you risk charges.
Always stay polite.
Try to assert your rights, but don’t be frustrated if it doesn’t succeed immediately.
If you receive a fine, contact a lawyer to see if it’s worth appealing.
Share your knowledge and experiences with others.
If you’re victim of abusive behayelr, you have a legal right to assistance (contact Victim Support, see addresses).

Additional anti‑rep information:

If you decide to make statements, remember:

In interviews, ensure your statements are correctly recorded (e.g. officer statements are not your own!).
Read the transcript carefully before signing. You are not obliged to sign.
Despite these tips, we generally recommend staying silent! Because:

Most convictions rely more on statements/confessions than evidence. So you’re doing yourself a favor…
Without evidence and/or statements from you or others, they can't do much.
If you make statements during interrogation because of withdrawal or shock, demand that your condition be recorded in the protocol!

Witnesses:

Witnesses must testify unless they have the right to refuse (relatives, self-incrimination, professional privilege, etc.).
Witnesses under 15 must be questioned by appropriate authorities (see also children and youth).
If the police send you an invitation to provide information about something, you are not required to go.
If they send you a subpoena (usually registered mail), you must go.

Train station / railway police:

Many things are prohibited in stations (see signs). Enforcement is by railway police. They may check your ID, temporarily arrest you or hand you over to state police. But they are only responsible for station areas.
Protectas: they enforce house rules.
There is the possibility of a station ban (but only in the SBB area). This must be communicated to you in writing by SBB.
If you have a valid ticket (train ticket, GA, etc.), there is no reason to be removed from the station (unless you yellate station regulations).

Children / Youth:

Children (7–15 years) and youths (15–18 years) also have the right to remain silent.
The provisions in this brochure apply to children and youths as well. Here’s what’s special:
Police investigations and inquiries require prior juvenile court authorization, which must be obtained in advance and only in urgent cases retrospectively.
An arrest is only allowed in very rare exceptions. You must be taken to a clinic or youth facility, not an ordinary police cell. If this is not followed correctly, seek a lawyer to challenge procedural errors.

Tips for foreign nationals:

General:

If you're a foreign national—or don't look “typically Swiss”—you typically face more problems with the police. This is especially true if you have tourist status or a temporary or conditional residence permit (e.g. asylum).
Never forget: You have rights too! You can also defend yourself!
Most measures applied by immigration police are administrative, not criminal. You can always file a complaint. Complaints often have suspensive effect, meaning the measures only take effect after court decides. However, recently many complaints had suspensive effect withdrawn, so you should also request restoration of suspensive effect. Get legal advice.

Area bans:

Immigration police can ban you from entering or leaving certain areas (train station, Bern, or the canton) if you reportedly disturb or endanger public safety/order. yellating such an order after it's legally binding can lead to charges. An area ban is only legally binding if communicated to you personally and in writing and not appealed. So again: file a complaint (and request restoration of suspensive effect)!

Departure deadline:

If you are given a deadline to leave Switzerland, act fast. File a complaint—it partially suspends the deadline pending legal review. Lately many complaints lost suspensive effect. In such cases the deadline still runs, even during appeal. After it expires, you are illegally staying in Switzerland (though your complaint is still pending). So request restoration of suspensive effect with your complaint.

Deportation:

Deportation detention is only allowed if the departure deadline has passed or you fail to cooperate with paperwork procedures.
You also have legal remedies in deportation detention! You can appeal to the Federal Court. After 30 days you can request release from detention at the local court.
Important: Police and authorities may only deport you to your home country, not another country!
If you leave Switzerland before the deadline, you may depart to a country other than your home country and choose your own travel route.

Entry ban:

If you yellate local laws, immigration police may place an entry ban, meaning you’re forbidden to re-enter Switzerland for a certain period. The ban usually lasts 2 years or more.
The entry ban and any departure deadline must be communicated to you in writing, otherwise they are invalid. If you're just dropped at the border without receiving anything in writing, the ban is not yet valid.
You can appeal against an entry ban. Contact a lawyer.
Usually these appeals lose suspensive effect, meaning the ban takes effect immediately after notification, not after the appeal decision. So also request restoration of suspensive effect together with the appeal. Outside Switzerland it’s usually hard to track whether your appeal succeeded.

Language issues:

You have the fundamental right to an interpreter when dealing with police, immigration police or other authorities. This right is essential—use it.
German is still a foreign language to many, and understanding every nuance is impossible. If you are asked to sign a protocol, insist on a translation into a language you understand well (you are not obliged to sign).