Blab Politics
Swiss Attorney General Dismisses Natallia Hersches Crimes-Against-Humanity Complaint
The Office of the Attorney General of Switzerland has formally rejected a complaint alleging crimes against humanity filed by former political prisoner Natallia Hersche. The prosecutor noted that while the conditions of Hersche’s detention in a Belarusian penal colony were “extremely harsh” and “partially degrading,” they are routine flaws common to prisons in an authoritarian regime rather than acts of torture.
Hersche, a dual Swiss‑Belarusian citizen, was arrested in Minsk on 19 September 2020 after removing a balaclava from a police officer during a peaceful protest against the 2020 presidential election. The court sentenced her to two and a half years in a general‑regime colony for resisting a police officer. In September 2021 her regime was upgraded to a prison regime after she refused to sew uniforms for the police.
During her 17‑month stay, Hersche spent 40 days in solitary confinement and went on a hunger strike on 30 January 2022. Her release, announced by Swiss President Ignazio Cassis on 18 February 2022, came a year early, following a diplomatic visit by the Swiss ambassador to Minsk that helped lift Belarus’s diplomatic isolation.
After returning to Switzerland, Hersche was awarded the “Prix Courage” by the magazine Beobachter in 2022 and now lives in the country as a custom‑painting artist.
The complaint, filed by Hersche, named 13 Belarusian officials as responsible for crimes against humanity. The prosecutor pointed out that none of those officials had ever visited Switzerland. In its ruling, the AG office concluded that the evidence did not support the allegations and therefore dismissed the complaint.
"The conditions of her detention were harsh and partially degrading, but they fall within the routine flaws that can be found in prisons under an authoritarian regime," the prosecutor said. "They do not amount to torture or constitute crimes against humanity as defined under international law."
The dismissal means Swiss courts will not pursue further action against the named Belarusian officials, and Switzerland will not seek to hold them accountable through its legal system.
The case underscores the broader context of Belarusian political repression after the 2020 election, a regime that international human‑rights organisations have repeatedly documented for systematic abuses, including torture and deprivation of basic rights. Hersche’s experience and the subsequent legal response highlight the challenges faced by dual‑citizenship holders detained abroad, and the Swiss AG office’s decision reflects a cautious approach to international criminal allegations.
This ruling follows earlier Swiss interventions that secured the release of other dual‑citizens, such as the 2022 release of a Swiss‑Belarusian detainee after an ambassadorial visit. The Attorney General’s office has not announced any further steps regarding the complaint, and the decision is expected to remain in effect unless new evidence emerges that could alter the legal assessment.
In short, Natallia Hersche’s complaint alleging crimes against humanity was dismissed by the Swiss Attorney General. The prosecutor deemed the conditions of her detention harsh but routine, and found no basis for the allegations against the named Belarusian officials. Hersche remains a symbol of the ongoing struggle for political freedom in Belarus, while the Swiss legal response underscores the complexities of holding foreign officials accountable under international law.
Hersche, a dual Swiss‑Belarusian citizen, was arrested in Minsk on 19 September 2020 after removing a balaclava from a police officer during a peaceful protest against the 2020 presidential election. The court sentenced her to two and a half years in a general‑regime colony for resisting a police officer. In September 2021 her regime was upgraded to a prison regime after she refused to sew uniforms for the police.
During her 17‑month stay, Hersche spent 40 days in solitary confinement and went on a hunger strike on 30 January 2022. Her release, announced by Swiss President Ignazio Cassis on 18 February 2022, came a year early, following a diplomatic visit by the Swiss ambassador to Minsk that helped lift Belarus’s diplomatic isolation.
After returning to Switzerland, Hersche was awarded the “Prix Courage” by the magazine Beobachter in 2022 and now lives in the country as a custom‑painting artist.
The complaint, filed by Hersche, named 13 Belarusian officials as responsible for crimes against humanity. The prosecutor pointed out that none of those officials had ever visited Switzerland. In its ruling, the AG office concluded that the evidence did not support the allegations and therefore dismissed the complaint.
"The conditions of her detention were harsh and partially degrading, but they fall within the routine flaws that can be found in prisons under an authoritarian regime," the prosecutor said. "They do not amount to torture or constitute crimes against humanity as defined under international law."
The dismissal means Swiss courts will not pursue further action against the named Belarusian officials, and Switzerland will not seek to hold them accountable through its legal system.
The case underscores the broader context of Belarusian political repression after the 2020 election, a regime that international human‑rights organisations have repeatedly documented for systematic abuses, including torture and deprivation of basic rights. Hersche’s experience and the subsequent legal response highlight the challenges faced by dual‑citizenship holders detained abroad, and the Swiss AG office’s decision reflects a cautious approach to international criminal allegations.
This ruling follows earlier Swiss interventions that secured the release of other dual‑citizens, such as the 2022 release of a Swiss‑Belarusian detainee after an ambassadorial visit. The Attorney General’s office has not announced any further steps regarding the complaint, and the decision is expected to remain in effect unless new evidence emerges that could alter the legal assessment.
In short, Natallia Hersche’s complaint alleging crimes against humanity was dismissed by the Swiss Attorney General. The prosecutor deemed the conditions of her detention harsh but routine, and found no basis for the allegations against the named Belarusian officials. Hersche remains a symbol of the ongoing struggle for political freedom in Belarus, while the Swiss legal response underscores the complexities of holding foreign officials accountable under international law.
