Switzerland’s National Council has backed doubling the maximum police-custody period from 24 to 48 hours after the 2025 protest clashes in Bern. The government must now work out how to preserve timely judicial review.
Switzerland’s National Council has agreed in principle to let police hold suspects for up to 48 hours, twice the current 24-hour period. The proposal followed clashes at a pro-Palestinian demonstration in Bern in October 2025, in which 18 officers were injured. The Council of States had backed the measure in principle a few days earlier.
Max Hoffmann, secretary-general of the Swiss Police Officers Association, says the additional time would allow investigators to examine the circumstances and each detainee’s possible role more thoroughly, especially after violent demonstrations involving many arrests. He also argues that a better-prepared case file could help prosecutors complete their work faster.
Rights advocates warn that a longer period in police custody could leave prosecutors and courts less time. Under the European Court of Human Rights’ standard, a judge must review detention no later than 96 hours after an arrest. Amnesty International’s Alicia Giraudel questions whether all procedural rights can be respected and a detention review completed within that time.
Giraudel says police custody must not be used as punishment and stresses that the presumption of innocence applies until conviction. Hoffmann, by contrast, hopes the prospect of a longer detention could deter violence at future demonstrations. Giraudel rejects deterrence as a legitimate purpose for the measure.
The Federal Council must now prepare a proposal for implementing parliament’s decision. Key questions include what purpose police custody may serve and how the procedure can comply with the European Convention on Human Rights and the 96-hour limit for judicial review.