Nils Fiechter and Adrian Spahr are convicted of racial discrimination. The Federal Court rejects the complaints of the two co-presidents of the JSVP Bern. The reason for this is a contribution against transit places for travelers from 2018.
Adrian Spahr (left) and Nils Fiechter from the JSVP Bern have been convicted of racial discrimination by the Federal Court. Two previous judgments from 2019 have thus been confirmed.
The Bern-Mittelland regional court sentenced Adrian Spahr and Nils Fiechter to conditional fines of 30 daily rates for racial discrimination. The High Court of the Canton of Bern confirmed this judgment against the co-presidents of the Young SVP (JSVP) Bern.
At the time, Spahr and Fiechter referred to ignorance. Before the high court, they said they were unaware that the poster might violate the Anti-Racism Act. In fact, only those who knowingly do so can break the law.
That was in 2019. In a public judgment, the Federal Supreme Court has now come to the conclusion that the co-presidents of the JSVP Bern have disparaged an ethnic group. This emerges from a media release on Thursday.
At the heart of the proceedings was a contribution by the JSVP Bern with the text: “We say no to transit places for foreign gypsies”. In connection with the 2018 general elections, the party distributed the poster on social networks and published it on its website.
In the accompanying drawing, a Swiss man in herdsman costume stands in the foreground. He holds his nose in front of a dumping ground in a trailer park. In the background is a slightly dark-skinned person defecating outdoors. This is how the Federal Supreme Court describes the contribution.
Federal court finds poster generalizing
With this poster, the JSVP Bern made its position on planned transit points for foreign travelers in the canton of Bern clear. The Swiss Sinti and Roma Association and the Society for Threatened Peoples defended themselves by taking the whole thing to court.
In its statement, the Federal Supreme Court wrote that the poster was generalizing and that Roma and Sinti were given “extremely negative characteristics”.
Of course, in the context of political disputes, criticism “of any grievances” can be expressed. With the core message that “foreign gypsies” are generally unhygienic, disgusting and criminal, the co-presidents of the JSVP Bern have exceeded the scope of what is permissible.
The two young Bernese politicians are sticking to their opinion. For example, Spahr got involved in the discussion about travelers several times last year. In August 2021, a dispute broke out between travelers and a local farmer in Täuffelen in the canton of Bern. One person was injured. Spahr then called for “zero tolerance”. Those involved would have to be identified and given a country reference.
Despite the conviction, Spahr and Fiechter continue to pursue their careers. You are running for the Grand Council in the canton of Bern. The elections will take place on March 28th.