Islamophobic tweet: no preferential treatment for a UDC elected official

In a publication posted on , caliphates, minarets, calls to prayer, sharia courts, etc., through bombings and attacks on innocent citizens.”

Accompanied by the hashtag “#stoppislam”, these comments placed the Aargau resident in the crosshairs of the Public Prosecutor’s Office of the canton of Bern, which is requesting the lifting of his immunity and authorization to open criminal proceedings against him for suspicion of discrimination. and incitement to hatred.

Andreas Glarner was therefore heard by the Immunity Commission of the National Council (CdI-N). He explained to her that his publication “was clearly part of the political work that he has been carrying out for a long time”. He added “that he had in no way attacked individuals in particular, but rather had pointed out a danger for society and for Switzerland.”

But on Monday, by 5 votes to 4, the Commission decided that the Aargauian’s statements were not protected by relative immunity. She thus believes “that parliamentarians should not be generally privileged over private individuals when they express themselves on platforms on which everyone can in principle reach an audience.”

For her, Andreas Glarner’s remarks “are formulated in too general and global a manner for it to be possible to establish a link with certain parliamentary objects or to deduce concrete legislative measures.” And added: “It would therefore not be justified to grant him preferential treatment compared to private people who express themselves in a similar way on social networks.”

It is therefore up to the Legal Affairs Committee of the Council of States to look into the matter before the Berne justice system can initiate proceedings.

In addition to the case of Andreas Glarner, other UDC parliamentarians were subject to a request for lifting of immunity this week. Thomas Aeschi from Zug and Michael Graber from Valais were targeted by the Federal Prosecutor’s Office (MPC) for a scuffle at the Federal Palace during the visit of the President of the Ukrainian Parliament.

Unceremoniously pushed back by police officers, they are accused of having ignored safety instructions.

This case raising numerous questions, particularly regarding the unfolding of the facts, the Immunity Commission of the National Council has decided to suspend its decision for the moment.

The immunities of State Councilor Marco Chiesa (UDC/TI) and former national councilor Peter Keller (UDC/NW) were also called into question. The Public Prosecutor’s Office of the Canton of Bern requested their lifting on suspicion of discrimination and incitement to hatred in the context of two SVP electoral campaigns on migration policy in 2023, one entitled “New normality?”, l Another “No to a Switzerland with 10 million inhabitants!”

Considering that the declarations of the two elected officials fell under “the freedom of expression and formation of opinion which prevails in the context of a democratic campaign”, the request from the Berne justice system was rejected by the Immunity Commission of the National Council.

If the refusal to lift immunity is final for Marco Chiesa, the Legal Affairs Committee of the Council of States must still rule in the case of Peter Keller.