The case shocked Switzerland. In September 2020, a Swiss-Turkish double citizen (28) killed the Portuguese Rodrigo G.* († 29) with a knife in a kebab shop in Morges VD. It was the first jihadist attack in Switzerland.
The killer was part of a jihadist network and has been known to the Federal Intelligence Service (NDB) since 2017. The federal prosecutor’s office accuses him of planning and carrying out a jihadist-motivated attack aimed at avenging the victims of the coalition states’ war against Islamic State (IS).
People have the right to protection
This murder could have been prevented, SVP National Councilor Mauro Tuena (50) is convinced – and with him the civilian majority of the Security Policy Committee (SiK) of the National Council. With 13 votes to 10 and one abstention, the SiK wants to tighten the anti-terror law (PMT) again, although it was only approved by the population in June 2021.
The law already makes it possible to take preventive action against those who are at risk. If there is a suspicion that someone poses a terrorist threat, measures can be taken – even before an act has been committed. In extreme cases, the suspect risks house arrest.
Tighten the screw further
But that is not enough for the SVP, FDP and the center. They want to tighten the screw even further and voted for a renewed increase in the powers of the criminal justice authorities. In the future, the SiK also wants to prevent people who are dangerous to the state from being locked up. The population is entitled to this protection, emphasizes SiK chairman Tuena. “Our country should not be a planning or haven for terrorists who want to strike in other countries.”
But the requirement is controversial. It was widely rejected in the legal committee of the Council of States. There was also widespread resistance in the National Council’s Security Committee.
Violation of human rights treaty
Although it is criticized that preventive detention violates the European Convention on Human Rights, the civilian majority adheres to it. In doing so, the Commission is responding to a request from the cantons, she says. Only in order not to jeopardize the entire law at the ballot box, the requirement has been removed from the voting template.
But now the “secure accommodation” needs to be checked again. The majority of the Commission is aware that a proportionate and human rights-compliant implementation is demanding, explains Tuena. That should be done in a second step.
Stöckli can undo preventive detention
The controversial bill will then be submitted to the General Council during the winter session. With the support of the SVP, FDP and the center, the project has a good chance of a majority in the National Council. After that, the previously skeptical Council of States will bow to it. The small room may undo the protective custody. (dba)