Swiss violation of judicial rights: no access to justice
Switzerland violates the basic human rights of access to justice. They do so discriminating on the basis of nationality, origin, social and financial status, gender, language, and violating the rights of non-citizens.
First off, humanrights.ch is to my knowledge the only NGO in Switzerland working on the problem and denouncing the problem.
Devant les tribunaux, le manque de compétence, les honoraires d'avocat et les frais de justice élevés, la difficulté de produire des preuves, l’absence de permis de séjour ainsi que la distance physique qui sépare les individus des instances judiciaires et des centres de conseil peuvent fortement entraver l'accès à la justice.
Back in 2015 already humanrights.ch had the intention to set up a class action lawsuit against Switzerland before the international courts. This requires money which they admit they do not have nor succeed in securing. They published to call on change.
Let's hope they do one day, successfully, prosecute the Swiss state for its blatant human rights violations of access to justice.
Why posting about this now?
I already superficially covered some of the ground in the post state bullying: no lawyer. I'll try to limit revisiting aspects already covered in the previous post.
On May 24th 2023 the Public Prosecutor of the canton of Bern, Rapaël Arn's services, sent an envelope by international unregistered mail. It weighed 1.34kg, paper. It was delivered June 1st 2023.
Such sending is Switzerland's usual authoritarian, illegal, persecutionary, and transnational repressive handling of the judicial system. This sending is in violation of Human Rights and executionary conventions.
We need to sidestep for a moment so you have a minimum of background before we detail the no access to justice human rights violations.
We've covered at length that as a victim and witness of Child Sexual Integrity Violations (CSIV) I and my children should be:
- appointed a lawyer of choice by the state, with expertise in this particular field from an international perspective, financed by the state at the real lawyer going rates, with full freedom of legal activities needing to be performed in defence of the victims and witness(es).
- granted protective measures by the state.
Protective measures for myself and my children have in reality been non existent or violated through the Swiss authorities omission to remedy. It's been systematically refused by the Swiss authorities when requested for almost 5 years, since discovering the first CSIV in September 2018.
I've been forced to finance Swiss lawyers through loans and debt. Accounting to some 350.000 euro. Over all procedures. No surprise when the real cost of lawyers in Switzerland is in the 500 CHF per hour ex VAT range.
My daughter was appointed a lawyer in the CSIV case in Bern only in 2022, Jean-Marie Rothlisberger. Neuchatel authorities first tried to appoint him to the Bern CSIV criminal case through an illegal procedure in 2021.
It will come as no surprise Jean-Marie Rothlisberger was appointed by the Swiss judicial child kidnapping dictator, Judge Marie-Pierre de Montmollin from Neuchatel, despite evidence of the lawyer: – being in favour of the perpetrator(s) – inexperience in the matters of CSIV – being part of the Service Social International Suisse (SSI-S) lawyer network.
There will be a separate post on Jean-Marie Rothlisberger, tracking his actions since he was called to various case(s) in 2020. It'll be after I finish the series on the SSI-S, which itself is held back a few days due to the typical ongoing Swiss persecution. I remind here only briefly that the SSI-S was mandated and paid for services to act for the kidnapping mother.
During the Bern criminal proceedings it's been proven, on paper by their own letters and actions, Jean-Marie Rothlisberger works closely with the SSI-S, the kidnapping mother and the perpetrator's lawyer to have the CSIV dismissed. CSIV for which there are some 500 hours recordings, including authorities and children, and independent reports attesting.
The Bern Public Prosecutor, Raphaël Arn, apparently has to accept the by Neuchatel judge Marie-Pierre de Montmollin attributed Jean-Marie Rothlisberger, regardless of the evidence of (criminal) partiality of the lawyer, even when happening during and in front of the Public Prosecutor.
Too unbelievable you think? The United Nations Special Rapporteur on the independence of judges and lawyers notes:
... In some countries, this scheme is referred to as the “judicare” system. In these schemes, judges or administrative bodies assign a case on an ad hoc basis to a private lawyer, who is paid per hour of work and is often subject to restrictions on the number of cases allocated to him or her. The disadvantages of this approach include favouritism and corruption during the appointment of counsel, and the lack of monitoring and continuity of legal assistance of the services provided.
I have, for now, not much to add to the UN's Special Rapporteur on the subject.
coming to the access to justice human rights violations
I could, as I have done so far, cover in detail the different International Instruments the Swiss authorities violate in light of “access to justice”. Such as the Universal Declaration of Human Rights, the United Nations Convention on Civil and Political Rights, the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, the European Convention on Human Rights, ...
There are just too many. I know the Swiss hide in plain sight, but this goes above and beyond Swiss authorities plausible deniability of knowledge of international law governing access to justice. For those interested, the best underlining of access to justice issues is probably the Report of the Special Rapporteur on the independence of judges and lawyers and its correction.
A lawyer of choice needs to be provided free of charge by Switzerland. Such lawyer should have complete freedom to perform any actions in defence of the individual in both criminal and civil proceedings. Such lawyer should be financed at the industry rates. This is for both criminal and civil proceedings, including “alternative means of remedy”, such as but not limited to mediation. I'll return to this throughout future posting on this blog, highlighting time and again how Switzerland denies most basic human rights.
Swiss nationals and citizens can appeal to the Swiss Federal authorities to be financially supported in legal proceedings abroad. A non Swiss citizen or resident does not have access to this scheme, as it is limited to Swiss nationals and/or Swiss residents. It is not advertised (as far as I know) on the Swiss Federal web site. You have to call the Swiss embassy/consulate in the foreign country asking for help to learn there is such a scheme.
Switzerland has no free access to its own justice system.
Switzerland has no pro-deo or pro-bono system either. Simple: lawyers risk by Swiss jurisprudence of the Federal Tribunal to be held personally accountable if they do not work at the going rate and are not provisioned.
Switzerland has a judiciary assistance system. It is in violation of human rights:
- The judiciary assistance is a loan by the state which needs to be repaid by the individual appealing to it.
- The authorities decide before proceedings whether they accept to grant the loan or reject it on the merits of the case. The case basically gets judged before proceedings start.
- If the loan is accepted, throughout the procedure the lawyer will need to justify every action undertaken, and the authorities accord themselves the right to not pay for work on arbitrary grounds. For example: “this letter you could have written in half the time because our secretary types X amount of characters per minute.”
- If the loan is accepted, the lawyer has to work at an hourly rate the state decides. This rate is about half the normal going rate for Swiss lawyers.
- Swiss authorities consider they can not ascertain the foreign financial situation of aliens, regardless of the evidence they are supplied, and so typically reject judicial assistance. You then have to appeal this decision of non access to judiciary assistance by paying for a lawyer.
You read it right, the state not paying the going rate despite the rules. The state can pay its arbitrarily imposed wages to lawyers. The authoritarian Swiss system does not fall under the same rules as humans, we know that by now.
Access to a judicial assistance system violating equal access to the judicial system, discriminating and violating, among others, the Universal Declaration of Human Rights on the basis of: – nationality and origin – wealth and social status – gender – power – language – rights of Non-Citizens
discrimination on the basis of nationality and origin
I am Belgian living in Belgium. The perpetrator(s) are all Swiss.
Swiss authorities consider they can not ascertain the foreign financial situation of aliens, regardless of the evidence they are supplied, and so typically reject judicial assistance...
Foreign state evidence of no income and no wealth: dismissed. Organised discrimination on the basis of origin.
Swiss nationals can appeal to the Swiss Federal authorities to be financially supported in legal proceedings abroad.
Speaks for itself. The Swiss for the Swiss against the non Swiss. Pure discrimination on the basis of origin and nationality.
My by debt, loans, financed lawyers indicated, with examples, that the state liberally and arbitrarily refuses judicial support to foreigners.
By the way, this all would have to happen within 10 calendar days according to Swiss judicial rules. How do you do that in 10 calendar days from abroad? Again, discrimination on the basis of origin.
discrimination on the basis of wealth and social status: violation galore
All actors in the procedures know and have the necessary evidence that as a stay-at-home dad caring full time for the children I have no income. Authorities also have evidence I have no financial wealth of any kind. They have all my financial history since I graduated from high school in 1998 ! Or how privacy is violated in the process by which Swiss authorities try everything to deny access to justice. I'll be covering this later from the modern slavery perspective in light of the international instruments.
Wealth and social status are intimately linked.
If you have the financial means or a paying job which the state knows they can piggy-back on for refunds to the judiciary assistance loan, there is no rejecting your case before proceedings start.
If you do not have financial means or a paying job, the state knows the loan won't be repaid.
You then have to appeal this decision of non access to judiciary assistance by paying for a lawyer.
As a foreigner, you have no money for proceedings but you do have money for appealing a decision denying access to the judicial assistance system? So you do have finances ... Appeal dismissed, regardless of your (obviously foreign) evidence that you do not have financial means.
According to the Special Rapporteur on the independence of judges and lawyers:
At the individual level, court proceedings may represent a heavy financial burden. Costs include initiating and pursuing legal proceedings, lawyers‟ fees and other costs such as travel and loss of working time as a result of a court case. These costs have proportionally greater effects on low-income sectors, and the impossibility of paying for legal aid or of meeting the costs associated with a court case has been regarded as constituting a form of discrimination in cases where a person‟s financial situation places him or her in a position of inequality before the law.
discrimination on the basis of gender
Authorities are watched over by for example the Federal Office for Gender Equality (FOGE), which is known to act against human rights, discriminating against men and fathers. Their favourite is violating the Istanbul convention article 4, but that's for another topic.
Swiss courts know if they finance a man/father in a court case they can expect scrutiny by the FOGE, and if the finance a women/mother they will get support by the FOGE.
Women/mothers in Switzerland can appeal to plethora NGO's to cover for their wished for legal cases against men/fathers. These NGO's are often financed by the Federal, Cantonal, Local authorities.
Not a single NGO in Switzerland receives state financing for looking after men or father rights.
discrimination by power
The authorities decide before proceedings whether they accept to grant the loan or reject it on the merits of the case. The case basically gets judged before proceedings start. throughout the procedure the lawyer will need to justify every action undertaken
The authorities basically decide on the outcome of the case before, during and after a case. It is not the lawyer or the person deciding on the best course of action to have the rights of the person defended, it is the state deciding and firmly limiting the possibility of access to defending one's rights.
the lawyer has to work at an hourly rate the state decides.
Would you work for about half the normal hourly rate, defending a foreigner?
Incidentally, as evidenced throughout the cases, lawyers and authorities can act together, in conjunction, against the to be defended rights.
discrimination by language
We covered this before in detail, in: Language part 1: the universal right to language Language part 2: the language context and Swiss violation of language rights
the Rights of Non-Citizens
The Office of the United Nations High Commissioner for Human Rights published in 2006 a special issue on The Rights of Non-citizens which we've already discussed in the language rights series. It highlights various forms and acts of discrimination non-citizens are subjected to. Many violations by Switzerland, including concerning access to justice. It is long, but I suggest you read it nonetheless.
What to do faced with Swiss violation of access to justice?
I repeat: on May 24th 2023 the Public Prosecutor of the canton of Bern, Rapaël Arn's services, sent an envelope by international unregistered mail. Its contents weighed 1.34kg. It was put in the letterbox Thursday June 1st 2023.
Access to justice means any and all correspondence should go to a lawyer of your choice defending your rights. Not to you personally having to tackle 1,34 kg in another language by a foreign justice system.
What non legal scholar can handle 1.34kg of paper, in a foreign language, from a foreign country to which you are not subject?
Thing is, if you receive such a letter, open it and take knowledge of its contents, Swiss authorities in their arrogant and racist stance against foreigners consider their illegal act as being rightful. That you accepted it, its contents, and the fact it was not sent as per international law, in full knowledge. Whether you do or don't, have access to justice or not, does not matter to the Swiss authoritarianism. (A topic will follow in due time, based on international instruments, showing how Switzerland is by definition of its local laws and praxis racist)
In addition, from the date of reception, regardless whether you are in Switzerland or of one of their native languages, you have 10 calendar days to send them any appeal or objection. How do you do 1,34kg of paper in a foreign language as a non legal scholar in 10 calendar days?
How do you do that knowing the public prosecutor, Raphaël Arn (just as his civil counterparts), personally refused in audience to take any recording as evidence, in violation of the European Court of Human Rights jurisprudence and in violation of the Swiss principle of “the superior interest of the state in the manifestation of the truth”?
So, after reading too much over the weekend, without access to justice, I drafted a document, taped it to the original non opened envelope, and it was returned to the Bern Public Prosecutor on Monday June 5th to be received by the Bern Public Prosecutor today, June 8th 2023. It costs an arm and a leg in postal fees to deflect the typical Swiss access to justice violation.
The document taped to the returned envelope reads:
This illegally and in violation of International Law addressed envelope is returned to the International Law violating authority, without having been opened, tempered with contents or taken knowledge of. Non exhaustive and non limitative examples of violated international executionary law: United Nations Vienna Convention on the Law of Treaties Universal Declaration of Human Rights, particularly articles 2, 7, 8, 9, 10, 11, 12, and others United Nations International Covenant on Civil and Political Rights, particularly articles 14, 15, 18, 24, 26, 27, and others United Nations Convention on the Rights of the Child, particularly articles 19, 29, 30, 32, and others United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, particularly articles 2, 4, and others. United Nations Convention against Transnational Organized Crime United Nations Convention Against Corruption, particularly articles 4, 8, 10, 11, 12, 16, 17, 18, 19, 21, 22, 24, 25, 26, 27, 28, 32, 33, 37, and others United Nations Resolution 2005/20 United Nations General Recommendation No.30: Discrimination Against Non Citizens United Nations High Commissioner for Human Rights: The Rights of Non Citizens Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse, adopted by the United Nations Committee on the Rights of the Child
Referring to the correspondences to and/or in copy to the Swiss Federal Public Prosecutor, who will receive copy with confirmation of return receipt.
Referring to the Universal Right to Truth ongoing publishing of Swiss Authorities Human Rights and other rights violations on https://childrenforstatus.eu
All costs being temporarily deferred and ultimately due to be refunded, with interest and damage compensation, by the International Law violating authority(ies).
With reservation of all rights, without prejudicial recognition, expressly without recognition of any Swiss competence which remains contested.
The public prosecutor has to assign a lawyer, who he has the name of, pay for the lawyer full fare and not the state “monkey” fare, including the outstanding lawyer invoices, and allow all necessary actions for the execution of rights to be performed.
I will no longer loan a penny to fund the Swiss continuous violations of human rights and denial of access to justice. Just this Bern case is well over 150.000 euro which the Public Prosecutor is due to refund to me, so I may refund the loans contracted to fund the access to justice.
Until that time, any and all correspondence by the Bern Public Prosecutor, and any other Swiss authorities for that matter, will be inadmissible, in violation of human rights, not taken knowledge of and destroyed.
It needs to be underlined that of all Swiss authorities, the Bern Public Prosecutor, Raphaël Arn, is probably the only one having tried to keep high on the agenda the idea of a neutral authority. Trying to lead a procedure, under pressure and repression by Neuchatel and Federal authorities rights violations, under pressure of NGO's and lawyers ganging, under pressure of local politics, and in reality not having authority, at least not exclusive authority while having (co-)responsibility for protection. Kudos for his trying ... sadly failed several times, including with this postal sending.
A lie gets halfway around the world before the truth has a chance to get its pants on. This blog gets the proverbial pants on!
information provided as is, without prejudice, without any prejudicial recognition, and with reservation of all rights, expressly without recognition of any Swiss competence which remains contested
for the avoidance of any doubt whatsoever, all information on this blog, such as but not limited to documents and/or audio recordings and/or video recordings and/or pictures mentioned, have been made and/or collected, and published, in the interest of justice and the public at large
the Universal Declaration of Human Rights applies to everything on this blog
the Universal Right to Truth principle applies to everything on this blog