Geneva, too, finds fault with PSTA

The United Nations Office of the High Commissioner for Human Rights (OHCHR) has criticized Switzerland's Protection of the State from Terrorism Act (PSTA), urging the country to narrow and clarify definitions of terrorism and related offenses. The report highlights concerns over provisions that could criminalize protected expression and civic activities.

While acknowledging some improvements, OHCHR remains worried about overly broad terrorism offenses, restrictions on free expression, and inadequate judicial oversight. The organization emphasizes the need for terrorism measures to comply with the principle of legality, clearly defined, narrowly focused, and foreseeably applicable.

OHCHR stresses that counter-terrorism legislation should protect freedoms such as expression, peaceful assembly, association, religion, and participation in public affairs. Any restrictions must be lawful, necessary, and proportionate to a legitimate aim. The office also calls for robust safeguards against torture, ill-treatment, enforced disappearance, and coercive interrogation.

It recommends that detention orders should undergo independent judicial approval, with courts empowered to refuse detention and order release, and that judicial warrants should be the norm for arrests and searches. In its recommendations, OHCHR urges the Swiss government to narrow definitions, require prompt judicial oversight of arrests and detentions, strengthen safeguards against torture and ill-treatment, enforce due process and fair-trial guarantees, and establish effective independent oversight, accountability, and remedies.