Facts
37 defendants are accused of having participated in blockades of the access roads and plant tracks to the Beznau, Gösgen and Leibstadt nuclear power plants, in order to prevent the transport of nuclear fuel elements for reprocessing. The District Court of Zurzach convicted the activists of coercion, partially attempted coercion, obstruction of an official act, property damage and trespass. The High Court of the Canton of Aargau essentially upheld the convictions. The appellants requested the annulment of the High Court's decision.Considerations
The DFC dismissed the appeal. It affirmed the objective and subjective elements of coercion under Art. 181 SCC. The appellants claimed that they had intervened against the unlawful conduct of the nuclear power plant operators. However, the DFC denied the existence of justification grounds such as self-defence, state of necessity or the exercise of legitimate interests. The blockade actions exceeded the tolerable limits within the framework of an environmental policy dispute and were not protected by the constitutional rights of freedom of opinion and assembly.
A…