How do the cantons feel about freedom of assembly? Some allow demonstrations, others forbid them – and then still cannot enforce the rules in individual cases, as was shown on Sunday in Moutier.
Jura question – thousands cheer on the station square of Moutier
After the proclamation of the yes to a change of canton, great cheers broke out on the station square of Moutier. Thousands of Projurassiers expressed their joy.
28.03.2021
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Thousands gathered in Moutier on Sunday evening to celebrate the yes to the change of canton. The announcement from the canton of Bern would have been clear: In contrast to other cantons, gatherings of more than 15 people are not allowed. Not even for political purposes, not even with a protection concept.
The celebrants in Moutier ignored this as well as the mask requirement. In the town there was a folk festival atmosphere on Sunday evening, loud music was playing in the center, the restaurants were serving drinks to take away, and those present celebrated well into the night. Keeping your distance was not possible due to the crowds, only a few wore hygienic masks.
The police let the masses have their way, no uniformed men were to be seen near the celebrants.
Meeting despite the ban, missing masks: At the voting ceremony in Moutier, the corona measures did not apply.
Picture: Keystone/Jean-Christophe Bott
“Requires a lot of instinct”
Why were the violations allowed? The fact that the Bernese canton police did not intervene is due to the risk assessment, says spokesman Christoph Gnägi. Because in the vote on Sunday, the 40-year Jura conflict came to an end. And the canton police, as an institution of the hated Bernese state power, is a red rag for the pro-Jurassians.
Fredy Fässler sees it that way too. The St. Gallen Security Director is head of the Conference of Cantonal Justice and Police Directors (KKJPD): “After decades of fighting to change cantons, Moutier is very happy. That was shown on Sunday evening at the Volksfest. If the ‘wrong’ police – namely the Bernese instead of the Jurassic – had intervened at such a moment of jubilation, it would certainly not have remained at the peaceful folk festival. ” The decision to tolerate the celebration despite violations is therefore understandable.
Beer-like celebrations like on Sunday evening in Moutier are currently prohibited in the canton of Bern, but the police did not intervene.
Picture: Keystone/Jean-Christophe Bott
“The situation demanded a lot of sensitivity from our police officers,” says police spokesman Gnägi. The job of the canton police in Moutier was to ensure public safety and order. A deployment of the police against the celebrants could easily have tipped the mood in view of the decades-long history of the Jura question, which was partly also marked by violence, which is why they held back. One is currently checking whether one wants to report people because of the violations.
The rules are not the same everywhere
KKJPD President Fässler is basically: At the moment, the work for the police is very demanding: “Regardless of what the police are doing, it is simply wrong for many people,” says Fässler. The SP politician believes that the police are currently very prudent.
Fässler does not realize that the willingness to aggression is generally increasing in the population at the moment. Nevertheless: “Everyone is Corona-tired, me too.” He does not deny that the situation is tense at the moment. “But: the virus sets the pace, not the police.”
Each canton regulates the demonstration ban itself
How exactly one should deal with the freedom of assembly in view of the threat posed by the pandemic has to be decided by politicians. And because police sovereignty lies with the cantons, the rules are currently not uniform. Quite a few allow demonstrations with a protection concept, but the two most populous cantons, Zurich and Bern, have issued general bans. All gatherings over 15 people are prohibited there.
Would a uniform regulation make sense here? At the conference of the cantonal police commanders KKPKS one waves it off. The KKPKS had a virtual working meeting last week that also dealt with Corona. But: “There are no intercantonal guidelines and no recommendations from the KKPKS,” says spokesman Adrian Gaugler. It is the task of the police to ensure that approved events can be carried out quietly and safely. “And that unauthorized events do not take place.”
The KKJPD is not currently planning a uniform regulation either, as Fässler says. “So far there has been no intercantonal agreement within the KKJPD on how rallies will be dealt with.” But he is in contact with the mayor of Rapperswil-Jona, where Coroana opponents want to demonstrate on April 24; the approval for this is pending.
Gnägi from the Bern canton police emphasizes that the guidelines in Bern are clear when it comes to demonstrations. And the police are not responsible for their content, but only for the implementation. In doing so, they adapt their approach to the respective circumstances.
