Facts
The Federal Court decided on an appeal against the decision of the Government Council of the Canton of Bern regarding the partial revision of the Municipal Police Regulations of the City of Thun. The revision had, among other things, introduced new provisions on demonstrations on public land (Art. 11b-11f MPR) and corresponding penal provisions (Art. 31 para. 1 MPR).
The appellants, consisting of various organizations and individuals, alleged violations of freedom of opinion and assembly as well as the primacy of federal law. However, the Federal Court dismissed the appeal.
Considerations
The Federal Court stated that the Municipal Police Regulations were generally compatible with freedom of opinion and assembly. The provisions on the requirement for a permit for demonstrations and the penal consequences for non-compliance could be interpreted as constitutional. In particular, it was permissible for participation in unauthorized but peaceful demonstrations not to be punishable.
The Federal Court also considered the regulation on so-called spontaneous demonstrations,…