The headquarters of Credit Suisse, in New York, the bank targeted by this activist (illustrative image).

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EMMANUEL DUNAND / AFP

An activist was acquitted by a court in Geneva on Wednesday, in the name of "the state of necessity" in the face of the climate emergency.

He had degraded the headquarters of Credit Suisse to denounce its investments in fossil energy, recalls the ATS agency.

In October 2018, the young man and his acolytes of the Breakfree Suisse collective, had affixed hands covered in red paint on the headquarters of the banking giant in Geneva.

“This verdict does not constitute a blank check to commit further damage.

It should not be a source of celebration either, because it is the observation of an imminent failure, ”declared the president of the tribunal Gaëlle Von Hove in conclusion.

An action that has served the fight against global warming

For the court, the “red hands” action is fully in line with the measures advocated by the Federal Council to bend the curve of global warming and which rely on the reputational risk of the financial center.

Quoting an article from the daily

Le Temps

, the Court considers that an action such as that in Geneva may not have been in vain.

In 2019, Credit Suisse realized its role in global warming and reduced its problematic investments.

"The judges took their responsibilities as the third power", greeted Me Laïla Batou, the lawyer of the defendant.

Wednesday's decision is the opposite of that just made by the Court of Appeal of Renens, near Lausanne and less than an hour's drive from Geneva.

"Practice law, not feelings"

On September 24, the latter had condemned 12 Swiss activists who had entered a branch of Credit Suisse in November 2018 disguised as Roger Federer, to also protest against the investments in fossil fuels of the bank, sponsor of the tennis champion. Swiss.

In January, a single judge created a sensation by relaxing these defendants for the benefit of the "state of necessity", considering that they had legitimately acted in the face of the climate emergency.

But in September the Court of Appeal ruled that the activists could have used other legal means, in particular political, and their gesture did not directly slow down greenhouse gas emissions.

The three magistrates had followed the opinion of the prosecution, which had called for "to practice law, not feelings", and condemned the young activists of Lausanne Climate Action.

The prosecution and the bank have 30 days to appeal Wednesday's acquittal to the Federal Court.

Already seized in the Renens case, the Swiss supreme court will have the task of settling the legal debate on the climate emergency.

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