48-hour detention: the plan against troublemakers (cross-border guide)

After the events in Bern in 2023, the National Team approved the increase in pretrial detention to 48 hours and greater powers for the sic.
Context
In short
- Parliament discusses tougher measures against violent protesters following the events in Bern in October 2023
- Pre-trial detention from 24 to 48 hours: FDP motions approved in the National Council, awaiting the Council of States
- FSA will be able to wiretap phones and plant bugs with court authorization
- Organizers of demonstrations will have to pay for security and intervention costs
Key facts
Event: Unauthorized pro-Palestine demonstration that turned violent When: October 2023 Where: Bern Injuries: 18 police officers Key measures: 48-hour detention, FSA powers, costs borne by organizers Legislative status: National Council approved, Council of States to decide in the autumn session Supporting parties: SVP, FDP, The Centre Opposing parties: SP, Young Socialists
The spark: Bern, October 2023
Almost a year ago, an unauthorized pro-Palestine demonstration turned violent in the center of Bern. Thousands of participants smashed windows, spray-painted walls, and set fire to the tables of the Della Casa restaurant. The police intervention using a water cannon to extinguish the fire got out of hand: 18 officers were injured. The incident triggered a cross-party political reaction that is now reaching Parliament.
The press conference in the burned-down venue
Three weeks after the events, the Swiss Security Alliance held a press conference right in the Della Casa restaurant, still marked by the fire. Representatives from the SVP, FDP, and The Centre attended, presenting a package of measures to contain violent extremism and strengthen internal security. Several parliamentary interventions born from that initiative are now reaching maturity.
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Operational details
Pre-trial detention doubled: 48 hours instead of 24
The Parliament wants to double the maximum duration of pre-trial detention from 24 to 48 hours. It clearly approved the two PLR motions by Councillor of States Petra Gössi and National Councillor Christian Wasserfallen. However, the two interventions still need to pass in the States. The new regulation should give the police enough time, for example, to secure and evaluate digital traces. And prevent perpetrators of violence after weekend riots from being able to return to work or university on Monday. Moreover, it should grant more time for action to the investigating authorities.
Strengthened powers for the SIC
Already in spring, the Parliament had spoken in favor of granting more powers to the Federal Intelligence Service (SIC). For example, it should be able to gather information covertly before demonstrations where violent extremism is feared. If the court authorizes it, it will be able, for example, to install bugs in private premises and intercept telephone conversations. The request was inserted into the revised Intelligence Service Act, approved by the National Council in June. The decision of the States is expected in the autumn session.
Organizers called to pay
National Councillor Sidney Kamerzin and Councillor of States Charles Juillard (both from The Centre) ask in their motions for a national regulation on the costs of a demonstration. Specifically, organizers should bear, in whole or in part, the costs for security and intervention. In spring, they found a majority in their respective chambers. The next to decide will be the National Council.
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Key points
What happens next: timeline and upcoming steps
The autumn session of the Federal Assembly is the decisive moment. The Council of States will have to rule on: PLR motions for 48-hour detention (Gössi and Wasserfallen), the revised Intelligence Services Act with expanded SIS powers, and Centre Party motions on costs borne by organizers (Kamerzin and Juillard). The National Council will then have to confirm or reject the decisions of the Council of States. Exact dates for individual votes have not been announced.
How to follow the legislative process
Citizens can consult the Parliament website (parliament.ch) for: full texts of motions and bills, meeting minutes, voting results, and the positions of individual parliamentarians. The relevant committees (Security Committee, Legal Affairs Committee) publish reports explaining the substance of the proposals.
Rights and duties in demonstrations: what to know
The Federal Constitution (Art. 22) guarantees freedom of assembly. Unauthorized demonstrations are not inherently prohibited, but the police can disperse them if they turn violent. Anyone committing acts of violence, damage, or resistance to public officials faces criminal liability. Pre-trial detention (Art. 221 CPP) serves to secure evidence and prevent the repetition of crimes. With the potential extension to 48 hours, the police will have more time for technical investigations (smartphone analysis, facial recognition, movement tracking).
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Frequently Asked Questions
- How long can the police detain violent protesters?
- Parliament approved an increase in the maximum duration of pre-trial detention from 24 to 48 hours. This measure, proposed by PLR motions by Petra Gössi and Christian Wasserfallen, allows the authorities more time to analyse digital traces and prevent the immediate return to work or university of the perpetrators of the violence, although the final decision rests with the Council of States.
- What changes for the Information Activities Service (sic)?
- The SiC will gain enhanced powers to collect information covertly prior to at-risk demonstrations. With the permission of the court, you will be able to install wiretaps in private premises and intercept telephone conversations. These changes are included in the revised law on information services, approved by the National in June and awaited by the States.
- Who will pay for the security costs of the demonstrations?
- According to the Center's motions submitted by Sidney Kamerzin and Charles Juillard, the organizers will have to bear, in whole or in part, the costs for security and police intervention. The measure aims to discourage the organisation of marches on sensitive issues that could degenerate, but the National Council will still have to confirm the decision.