The temporary banning of people from public spaces who are suspected threatening security and public order is legal, the Federal Court of Switzerland recently judged. Thirteen “undesirable” persons had lodged an appeal at the Federal Tribunal after their first initiative at the Administrative Court of Bern had failed. The concerned persons had been banned from a railway station in November 2003, and prohibited from meeting and drinking alcohol. Their lawyer, Danièle Jenni, considers now to go to the European Court of Human Rights in Strasbourg. According to Jenni, the banning article on which the judgement of the Federal Court is based, considerably impairs fundamental rights.

Since its adoption, this article provokes derogation. One critique is that the article does not respect the principle of presumed innocence as it leaves a lot of scope for security agents. Only used on exceptional cases in the beginning, Danièle Jenni reports that the ordinance is now being implemented almost everyday.