Facts
From 6 to 9 September 1982, the Polish national Florian Kruszyk and three of his compatriots occupied the Polish Embassy in Bern. The occupants held the embassy staff and a chance visitor hostage, and made demands against the Polish government. The Federal Criminal Court found the four occupants guilty of various offences committed on the embassy premises, including deprivation of liberty, coercion, threats, violence and threats against authorities and officials, attempted extortion, and other offences. The ringleader, Kruszyk, was sentenced to six years' imprisonment and fifteen years' expulsion from the territory, while the three other defendants, benefiting from mitigating circumstances, received prison sentences of two and a half to three years and a five-year expulsion from the territory.Considerations
The Federal Tribunal rejected Kruszyk's argument that the Swiss courts lacked jurisdiction on the grounds that the embassy was extraterritorial. Indeed, according to the principles of international law, diplomatic representations, although enjoying immunity for their personnel and premises, are nevertheless an integral part of the host state and are not considered extraterritorial.
Regarding the state of necessity invoked by Kruszyk, the Tribunal considered that he was not in a situation of immediate and concrete…