Facts

This decision concerns three persons, André Bonnard, Charles Affolter and Fanny Grether, accused of having provided political intelligence to a foreign organization, in violation of Art. 272 SCC. The facts are as follows: - In 1952, Professor Frédéric Joliot-Curie, President of the World Peace Council (WPC), requested André Bonnard to provide him with information on certain members of the International Committee of the Red Cross (ICRC), for the purpose of a publication. - Bonnard tasked Charles Affolter and Fanny Grether with gathering this information. Fanny Grether notably drafted a report containing political assessments of the ICRC members. - This information was then transmitted to the French Peace Movement, which used it in a publication. - During a check at Zurich airport, the police seized the documentation gathered by Bonnard for his planned intervention at the WPC congress in East Berlin.

Considerations

The Federal Criminal Court held the following:
  • The information contained in Fanny Grether's report had a political character and was intended for a foreign organization, the WPC, which constitutes a punishable political intelligence service under Art. 272 SCC. - However, the other information provided by Bonnard and originating from…