Swiss Judicial Electronic Communication conclusion: Human Rights Violations Galore
We know the Neuchatel Magitrates Council (CM) bans email correspondence and does it repeatedly. In so doing, there is violation of access to justice.
fax, anyone? Let's have a good old laugh ... at the Swiss justice system.
Let's start this topic with a trip down memory lane ... the fax. It is, yes, it is an “Electronic Communication”, and officially recognised method.
a trip down memory lane: Columbo Cracks the Case with a Fax Machine or on YouTube
If a court can in our modern times still do “medieval” postal mail, then why would they no longer have a fax, which succeeded postal mail by a few centuries?
Some of us may remember the “good old days of fax”, and how fax was (and still is !) a by justice recognised and official means of electronic communication, and evidence.
The fax still is a universal judicial communication method, despite it being no longer widely in use. It also still is in Switzerland.
And behold, no surprises, at the bottom of each and every page of the Neuchatel judicial authorities documents ... there is a fax number !!!!
A while back I tried faxing to the court. The fax repeatedly failed. So I called the court secretary and was informed:
Oh yes, that fax number is still on there, but we no longer have one. We've not used it for many years. Please send us an email or postal letter.
On a Neuchatel judgement you have a fax number, of a fax machine which has allegedly been in disuse for many years ???? At least confirmation an email is OK.
On June 21st 2023, following the CM banning email correspondence, I called the CM secretary to get confirmation which fax number I could send the banned email to.
I called the CM on the +41 32 889 61 60 number on their web site to ask for a fax number.
I was informed by their secretary of the Magistrate's Council (MC) that allegedly no other form of communication is accepted in the judicial system then postal (paper) mail. We know from the previous posts that is totally wrong, against human rights.
In the email signature of by the CM sent emails, the fax number is as follows:
Luckily, I have both calls on recording. No sane person would ever believe this without the recordings. As I do not have a fax machine, I could not try to send a fax. But ...
In researching for this topic, I came across a fax service, based in Switzerland, claiming to be free for 10 pages. And ... it has the logo of the Swiss Confederation at the bottom of every page of its web site !
I literally fell off my chair, and had to try it! Surely, if there is a working fax, a Swiss fax service entitled to use the logo of the Swiss confederation will be able to deliver it.
I tried several times. The result is here, confirming there is no way to reach the Magistrate Council by fax despite them having a fax number in their email signature.
I dare to remain polite now: Swiss justice is the supreme example of Monkey Business.
More to the point: electronic communication, access to justice and the rights of non-citizens violated.
Conclusion: illegal Swiss claims against, and rejection of, all forms of electronic communication
If email would be not a legal communication method, why would Swiss authorities:
- provide email addresses to the public?
- sometimes use these email addresses?
- use emails between authorities, including judges and (court contracted) civilians, experts, reports, etc directly in court cases?
Swiss authorities accept and reject email as they pretty please, as it suits their purposes. Totally Wild West arbitrary, sheriff of Nottingham-like human rights violations.
We established that (secure) email is a legal means of communication in light of International Instruments and applicable to the legal system of Switzerland.
I've had back-and-forth email correspondence with Swiss authorities, among others:
Neuchatel Cantonal police, FEDPOL, PPDP-JUNE, EDOEB, FSP, Swiss customs, Bern Public Prosecutor, OPE, Swiss Federal Prosecutor, etc.
In various court case documents there are plethora email exchanges between judges, the Courts, and (court contracted) civilians, experts, reports, etc.
The praxis versus legality of use of email with Swiss authorities and judicial system is clear. Praxis violates legality as soon as it threatens authorities liability.
The rules Switzerland is subject to are:
- Email can be used to interact with authorities, including the judicial authorities.
- Email can be used for both transmitting evidence and as evidence.
- Email can be used to open court cases, without the need for paper or post.
- Judicial decisions however can not be valid by email unless notification of judgements by email is explicitly accepted by the individual concerned.
I've said it before to the Swiss authorities. I've repeated it ad nauseam, by email and by registered mail, as per my example in earlier post.
The current refusal of my emails to Swiss authorities is none other then discrimination and transnational repression in an effort to violate the rights of non-citizens and access to justice. It allows for Swiss authorities to not have to open criminal proceedings against themselves, to continue to not protect and to endanger victims and witnesses, and to continue to persecute whistleblowers.
Notice to the Swiss authorities, for the avoidance of any doubt whatsoever:
- Any paper mail, being it regular, registered, traced or other is rejected.
- The emails, and also signal app messages, I send Swiss authorities are legal and need to be acted upon by Swiss authorities.
- Swiss authorities are required to respond to emails, which are considered received as soon as retrievable.
- Acts/decisions of the Swiss judicial authorities need to be presented not by email, but in the normal international standard (as per ECHR judgements, for example against Belgium)
And, importantly, it does not take away Switzerland still violates:
- access to justice by not providing the by me repeatedly requested and by Switzerland paid for lawyer(s)
- victim and witness support and protection
- Whistleblower support and protection
End of the series on electronic communication and email.
- part 1 { any International Judiciary standards for email? Electronic Communication }
- part 2 { Switzerland subject to European electronic communication rules }
- part 3 { the Swiss and electronic communication in justice }
- part 4 { Swiss Judicial Electronic Communication conclusion: Human Rights Violations Galore }
Tags: #Rights #Accesstojustice
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