Swiss court finds civil disobedience by climate protesters justified
A court in the Lausanne Suburb of Renens, Switzerland has cleared 12 young activists who were arrested and ordered to pay fines over a stunt in which they wore tennis outfits and hit tennis balls at a Credit Suisse branch in the city.
The goal of the activists was to draw attention to the greenhouse gas emissions generated by the institution’s investments and to challenge Roger Federer, one of its ambassadors. They urged Federer to cut his partnership with the bank.
The activists say Credit Suisse is one of the world’s biggest investors in fossil fuels, making available more than $7.8 billion to nearly four dozen companies that are claimed to be “extreme” users of dirty fossil fuels. They say that the bank increased its financing for coal 16-fold from 2016 and 2017.
The activists were fined 21,600 Swiss Francs (€20,250) for trespassing at Credit Suisse branches in November 2018. Lawyers for the activists who were appealing the fine said they were acting as whistleblowers for the climate emergency.
The case went to trial because the defendants refused to pay the fines linked to charges like protesting without a permit and resisting police. Credit Suisse, which had filed charges against the activists, said it respected their cause but deemed their actions unacceptable.
For the first time, the Swiss court recognised that the civil disobedience of the climate demonstrators was justified due to “lawful necessity” – a legal exception which makes legal an action punishable by law if it is justified by the safeguard of overriding interests.
The Court stated that "Because of the insufficient measures taken to date in Switzerland, whether they be economic or political, the average warming will not diminish nor even stabilise, it will increase.” It accepted that the activists had exhausted all other legitimate forms of protest like petition drives, sidewalk demonstrations, and efforts with Swiss lawmakers. It found that a threat of imminent danger was established, and therefore "the act for which they were incriminated was a necessary and proportional means to achieve the goal they sought."
In December, Credit Suisse said it will stop financing the development of new coal-fired power plants although activists have said this is not enough.