Private security forces - landmark ruling

The delegation of police duties by the municipality of Aarberg is illegal according to the regional court of Bern, writes the Association of Swiss Police Officers. It is therefore once again calling for a nationwide regulation for private security services.

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"Many people think that the police are too expensive. That's why more and more municipalities are turning to private providers," says Johanna Bundi Ryser, president of the Association of Swiss Police Officers (VSPB) and emphasizes: "Today's ruling by the Bernese Jura-Seeland Regional Court is groundbreaking and makes it clear: The monopoly on the use of force must not be delegated to private security companies - and that's a good thing!"

Acquittal for security guard 

On August 17, 2016, the trial in the criminal proceedings against a member of the Broncos security for impersonation on the occasion of a personal check in Aarberg took place in the Amtshaus Biel. The Regional Court Bernese Jura-Seeland acquitted the security man of the charge. However, it made clear that the delegation of police duties by the municipality of Aarberg is unlawful. "This ruling is groundbreaking for the whole of Switzerland," says VSPB President Bundi and demands: "Now we need a purposeful discussion at federal level, as the current regulations are not sufficient."

Private security guards work for cantons and municipalities, carry out checks on people at the airport and on trains, or take care of video surveillance. They patrol not only shopping malls or soccer stadiums, but also downtown areas, along lake promenades and in parks. Judging by the increasing number of security companies, a real boom is underway and security is in danger of becoming a market. Unlike private security companies, the police is an authority whose structure and deployment is directly legitimized and regulated by legislation. Not so the private security services. Here, there is currently no nationwide regulation. For this reason, there are two concordats. But the fact that not all cantons have joined one of the two concordats shows clearly: A nationwide regulation is urgently needed, as the association emphasizes.

Experts agree

With the title "The monopoly on the use of force is and remains a core state task", the delegates of the VSPB discussed the opportunities and risks of privatization in the security sector together with politicians and other police and security experts in June. "Particularly in the public sphere, a clear delimitation of competencies between the police and private security services is necessary," emphasized the VSPB president, clarifying the association's position: "It is not only a matter of distributing tasks and responsibilities, but ultimately it is about the citizens, who demand clear conditions when it comes to the sensitive issue of security."

The theme day of the 93rd Assembly of Delegates was attended not only by around 200 police officers but also by National Councilor Bernhard Guhl, Geneva Cantonal Councillor Pierre Maudet, security and police law expert Markus Mohler, Wolfram Manner, Managing Director of the Association of Swiss Security Services Companies (VSSU), and Matthias Bieri from the Center for Security Studies (CSS) at ETH Zurich. Even then, the experts agreed that a nationwide regulation is imperative, as the current concordat solutions are not expedient.

Press release VSPB

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