Facts
The complainant X. attended an event of the Z. Party on the Rütli on August 8, 2010. During the joint recitation of the Rütli oath from Friedrich Schiller's "William Tell", he stretched out his right arm with a flat hand at eye level, diagonally upwards, to the so-called "Hitler salute". The event was perceived by around 150 participants, police officers, and several uninvolved third parties as hikers and strollers.
The High Court of the Canton of Uri found X. guilty of racial discrimination under Art. 261bis para. 2 SCC and sentenced him to a fine of 10 daily rates of CHF 50, conditionally enforceable with a probation period of three years, and a fine of CHF 300.
X. lodges a complaint in criminal matters with the request that the judgment of the High Court be annulled and he be acquitted of the accusation of racial discrimination.
Considerations
The Federal Court had to decide whether the so-called "Hitler salute" disseminates a racially discriminatory ideology within the meaning of Art. 261bis para. 2 SCC. The lower court had convicted the complainant of racial discrimination because he had raised his arm in a "Hitler salute".
The Federal Court states that the offense of Art. 261bis para. 2 SCC is not already fulfilled if someone publicly confesses to a racially discriminatory ideology. Rather, the norm requires that the perpetrator "disseminates" the racially discriminatory ideology, which means "promoting" or "propagating" it.
The Federal Court comes to the conclusion that the so-called "Hitler salute" does not already constitute promotional dissemination when used among…