Fan sanctions not allowed at all?: The FCZ goes to court over corner closures

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The mood in the Swiss football world is heated. There is a strong atmosphere between clubs, fans and authorities.

The reason is the new collective punishments, which are intended to curb violence around stadiums. On Wednesday it hit FC Zurich: In response to riots, the city had the south bend in Letzigrund closed during the home match against Lausanne on Wednesday.

Fans and club want a precedent

The punitive measures against the FCZ are part of a new approach that security authorities are currently testing: the so-called cascade model. It regulates which sanctions apply in the event of riots. There is only a concept yet, but it must certainly be introduced at the start of the 2024/2025 season. In extreme cases, forfeit defeats are provided.

Now resistance arises. Both the FCZ and several fans have called on the city of Zurich against the closure of the south bend. For them, it is about more than Wednesday’s match: with the appeal they want to set a precedent and enforce a fundamental judicial decision on collective punishment and therefore the cascade model – if necessary in federal court.

“This is beyond our control”

FCZ chairman Ancillo Canepa (70) confirmed to Blick that the club has appealed against the ban imposed by the security department: “We are aiming for a fundamental decision on the new collective penalties.” These lack a legal basis.

In fact, it is still far from clear whether the new cascade model can withstand legal scrutiny. The curve closures are based on the hooligan concordat of the cantons. However, the Federal Court ruled that such measures should not constitute a punitive measure for the behavior of fans outside the stadium.

This is also what the FCZ argues. According to Canepa, the Hooligan Concordat enables preventive measures to prevent future violence. However, this is not allowed as punishment. It is also shocking that the club and around 4,000 season ticket holders are being punished for incidents that take place after a match and a few kilometers from the stadium. “This is beyond our control.”

Is there no legal basis?

The FCZ now hopes that a court ruling will provide clarity. Canepa: “If we do it right, this will be a signal and the authorities will have to review their practice.”

In addition to the FCZ, fans also want to take legal action. Four women and a man between the ages of 20 and 50 and who have a season ticket for the standing room sector also appealed against the ban last Wednesday. They are angry that the authorities are making thousands of spectators pay for the violence of some ultras.

The FCZ fans are supported in their appeal by Zurich lawyer Daniel Wipf and well-known fan lawyer Manuela Schiller. She says: “The collective punishments are completely disproportionate. In our opinion, there is no legal basis for this.” According to Schiller, the sector closures are “clearly punitive in nature” and are therefore not permitted.

The makers of the cascade model want to stick to their approach

The appeal will first be heard by the Zurich City Council. If he rejects him – which is very likely – he will go to the governor and ultimately to the courts.

The security department of Karin Rykart (Greens) confirms receipt of the objections, but does not want to comment yet due to the ongoing procedure.

The creators of the cascade model – a working group led by the Police Directors’ Conference, in which the Swiss Football League is also represented – want to insist on its definitive introduction.

Source : Blick