Facts
On March 23, 1985, Ms. A. visited her nephew, a detainee at the Bern police station, with the authorization of the investigating judge. Police officer B., who was monitoring the visit, asked Ms. A. to leave the premises after 3-4 minutes, due to certain statements she made. As she did not comply, he physically removed her from the cell, causing bruises on her left shoulder and arm. The Bern Cantonal Court sentenced B. to 14 days in prison with probation for assault and abuse of authority.
B. filed a nullity appeal, requesting the annulment of the Cantonal Court's judgment regarding the conviction for abuse of authority. The appeal was rejected.
Considerations
The Federal Court examined whether officer B. had committed an abuse of authority under Article 312 of the Swiss Criminal Code. According to this article, members of an authority or public officials who abuse their authority to procure or procure for themselves or others an illegitimate advantage or cause harm to others are punishable.
The Court considered that officer B. had acted in his capacity as a public official as a monitor of the visit, and not in his capacity as a property owner. The decision to end the visit after only 3-4 minutes was arbitrary and unjustified, and the physical force used to remove Ms. A. from the cell was disproportionate.
The Court also considered that officer…