Facts
The Federal Court has partially upheld a complaint against the new Police Act of the Canton of Bern. The complainants, a group of organisations and private individuals, had demanded the repeal of several provisions of the law that relate to the expulsion and exclusion of illegally camping travellers, as well as the observation and surveillance with technical devices. The Federal Court has decided that the automatic link between expulsion and exclusion measures and a threat of punishment under Art. 292 SCC pursuant to Art. 84 para. 1 of the Police Act is neither necessary nor proportionate. This provision is therefore repealed. Similarly, Art. 83 para. 1 lit. h and Art. 84 para. 4 of the Police Act, which provide for the expulsion and eviction of illegally camping travellers within 24 hours, were assessed as disproportionate. These provisions violate the fundamental rights of travellers to respect for private and family life (Art. 13 Cst., Art. 8 ECHR) and the protection of the national minority of travellers (Framework Convention for the Protection of National Minorities). The provisions are therefore repealed.Considerations
The Federal Court states that the expulsion and eviction of Swiss travellers or foreign travellers who stay in one place for a longer period of time constitutes a serious interference with their fundamental rights. The short deadline of 24 hours does not allow the persons concerned to leave the site in an orderly manner and leads to significant impairments, such as the loss of their job or the interruption of the children's schooling. Furthermore, according to the overriding law, a replacement site must be…