Facts
Parties:
- Appellant: [A.] , represented by attorneys Dr. Patrick Götze and Andreas Bellwalder
- Respondent: Public Prosecutor's Office of the Canton of Zurich
Facts:
- October 4, 2021: [A.] parked a Mazda with a trailer and boat on Uraniastrasse in Zurich, blocked the roadway, and participated in a road blockade that obstructed traffic.
- October 5, 2021: [A.] again participated in a road blockade at Uraniastrasse/Rudolf-Brun Bridge, glued his hand to another demonstrator to hinder removal.
- August 2, 2021: [A.] participated in a blockade of bank entrances at Paradeplatz in Zurich, chained himself to a barricade of bicycles, and blocked access to the UBS branch.
Proceedings:
- District Court of Zurich convicted [A.] of multiple coercion and participation in unauthorized assemblies.
- Court of Appeal of the Canton of Zurich upheld the judgment.
- [A.] filed an appeal with the Federal Supreme Court.
Considerations
The lower court affirmed both the objective and subjective elements of coercion under Art. 181 SCC for the actions of October 4 and 5, 2021, and August 2, 2021. The blockades were of significant duration and impaired the freedom of action of numerous individuals. The lower court considered that the blockades exceeded the usually tolerated level of influence and thus qualified as coercion. The lower court also took into account the constitutional and conventional rights of the appellant, particularly the freedom of assembly under Art. 22 Cst. and Art. 11 ECHR, and concluded that the restrictions on these rights by the coercive acts were justified.
The Federal Supreme Court confirmed the assessment of the lower court. It stated that the blockades caused significant disruptions and restricted the freedom of action of those affected to an unacceptable degree. The lower court had definitively established that the blockades significantly obstructed traffic and business activities. The Federal Supreme Court emphasized that the freedom of assembly was not absolute and that restrictions were…