It is Sunday, shortly before 11 a.m., the Evangelical free Church in Le Locle is celebrating each week for their worship, as the police invaded. She asks the Pastor to take care of him.
That was at 11. February 2018. Meanwhile, the now 64-year-old Pastor Norbert Valley of the neuchâtel office of the public Prosecutor has been sentenced by a criminal command. His offence: the Valley has given a rejected asylum-seekers from Togo, is the key to his Church so he can sleep there. And he has given the Togolese also “multiple meals”, such as the Prosecutor accuses. The verdict for the Valley: a conditional fine of 1000 francs, including the entry in the criminal register.
“It’s not that it helps such a person not .”Pastor Norbert Valley
“Scandalous,” is this judgment, says Valley today. The 34-year-old refugee had been in existential Distress: After the rejection of his asylum application, he had no roof over their heads. “It’s not that you helps such a person ,” says Valley. He quotes a word of Jesus Christ: “I have been a Stranger, and ye took me in. Whatever you did for one of least of these my brethren, you did it to me.”
The “offence of solidarity”
Before the Swiss judiciary, the gospel of Matthew, however nothing. Was sentenced Valley, having regard to the tug paragraph in the immigration and integration law, article 116. This is directed against illegal immigration. But also against persons who facilitate an alien, the “illegal stay” in Switzerland “”. For example, by giving him a bed or a warm meal. From the “offence of solidarity” to speak of human rights organisations. Based on this, the refugee helpers Anni Lanz and Lisa Bosia Mirra were convicted, among other things.
supporters to demonstrate 2018 in new castle, against the conviction of Pastor Norbert Valley (r.). Photo: Keystone
This is a “crime of solidarity” should be decriminalized. The green Geneva Councillor of state Lisa Mazzone calls for a parliamentary Initiative, which is this or next week to advise the national Council. Mazzone is no longer required that refugee helpers to prosecution if they act “for reasons of eight values”. Is supported your claim of human rights organisations, of the reformed and of the Catholic Church, as well as of the Swiss Evangelical Alliance. The Welsh branch was formerly presided over by Pastor Valley itself.
Valley is by far not an isolated case. This shows a hitherto little-noticed statistics of the Federal government in the year 2018 – more recent Figures are not available – were convicted of 962 persons for any violation of the provisions of article 116. Only in the case of 32 persons of which are criminal smugglers who have smuggled out of a pure enrichment of the intention of refugees across the border.
“people who have only listened to your heart, to be treated as tractors.”Manon Schick, head of Amnesty International Switzerland
Who are Convicted of the other 930? In addition, the statistics is silent on the Detail. It is only known that 622 Condemned yourself have a foreign passport. Your offence probably was, that you have granted to a dismissed member of the family or a country man illegally shelter. The rest of the more than 300 Convicts are Swiss. Including dozens of should, maybe hundreds, of people like Anni Lanz, or Norbert Valley.
The majority waving off
“people who have only listened to your heart, to be treated like a tractor”, writes Manon Schick, Director of Amnesty International Switzerland. The human rights organization presented on Tuesday for a Europe-wide inventory of the “crime of solidarity”. The 90-page study is entitled “Punishing Passion”. English: “mercy punish”.
According to Schick, the foreign Amnesty sections were surprised at how strict even the humanitarian Switzerland go against Refugee workers, for reasons of conscience. The Amnesty report comes to the conclusion that the current Swiss legal situation, “a lot of room allowed for the persecution of human rights defenders”. Therefore, there is a need in the act for Refugee workers, for reasons of conscience is an exception.
the preparatory Committee of The national Council sees it differently. A majority, consisting of the representatives of the SVP, FDP and CVP, rejects Mazzones advance. Your justification is only a few lines long: There is no need for legislative action. Current judgments would show that refugee helpers were assessed from the humanitarian reasons, comparatively. The courts would refrain in these cases is “of high penalties,” wrote the Commission majority.
no Matter, what will decide the national Council: Pastor Valley is determined to not fall for that. Criminal command he has challenged in court. “What is legal is not necessarily morally right. I have only done my duty to help a people in danger,” he wrote to the state attorney. Next week, on 12. March, is download Valley is now up to the police court of La Chaux-de-Fonds advanced. This should confirm the conviction, wants the Valley to drag his case further – if need be, to Strasbourg, to the European court of human rights.
Created: 03.03.2020, 18:35 PM
