Ticino police law: MPS-linked jurist appeals to Federal Supreme Court

The total revision of the cantonal police law, passed by the Ticino Gran Consiglio on 21 April, is now the subject of an appeal before the Federal Supreme Court. It was filed by Martino Colombo, a jurist and activist with the Movement for Socialism (MPS), who is challenging several aspects of the new text.

The appeal seeks the annulment of about ten provisions of the law and, at the same time, the suspension of its entry into force, planned for 1 January. The Federal Supreme Court, the country's highest judicial authority, will therefore have to examine whether the contested provisions are compatible with federal law and with the fundamental rights guaranteed by the Constitution.

Among the provisions being challenged are articles that allow investigations into a person even when no offence has been committed. Colombo is also challenging the provision that allows authorities to charge the organisers of a demonstration for the costs of the police deployment.

Data collection and personal freedoms

The appeal also concerns, more broadly, the new rules governing the collection of data and information by police. According to Colombo, these provisions would conflict with the right to demonstrate and would limit personal freedom and freedom of opinion.

The jurist stresses, however, that his appeal does not question the organisation of the cantonal police force. As he explains: "non è la struttura del corpo di polizia, che il ricorso non tocca, ma il perimetro entro cui lo Stato può sorvegliare, schedare e limitare preventivamente la libertà delle persone" (it is not the structure of the police force, which the appeal does not touch, but the perimeter within which the state can monitor, register and preventively limit people's freedom).

It is now up to the judges of the Federal Supreme Court, based in Lausanne, to examine the arguments raised in the appeal and decide whether to grant the request to suspend the entry into force of the new law, expected at the start of next year. If the appeal were upheld, even partially, the cantonal law could not be applied with the provisions annulled by the federal judges.