Foreword
This exhibition aims to address some key principles relating to democracy and justice.
The principle that guided its creation is that law is not set in stone; it changes over time and is influenced by its environment, reflecting the aspirations of society and undergoing the influences of politics, morality, philosophy, economics, etc. Thus, law, justice and democracy are the result of a long history and also accompany its changes.
Through a six fact sheet timeline and characters confronted with the justice systems of their time, the exhibition illustrates this dynamic. Initially presented physically at the Palais de Justice, it can now be viewed online.
To further explore these topics, we invite you to consult the works and references mentioned in this bibliography in order to scientifically consolidate the information presented in the exhibition
16th century
In the 16th century, Geneva evolved from an episcopal regime to a republic, and the Reformation was adopted in 1536 following the flight of the Catholic prince-bishop.
This period, marked by witch trials and often harsh justice, also saw the evolution towards written civil proceedings and the drafting of the main edicts, which formed the basis of civil and criminal law and criminal proceedings in Geneva.
17-18th century
The 17th century was a time of famine, plague epidemics, harsh weather and wars. There were numerous persecutions for witchcraft, with the last execution taking place in Geneva in 1652.
As criminal justice is not based on law, it only uses procedural rules. Criminal proceedings are inquisitorial, written, secret, non-adversarial and leave little chance for the accused. They are based on confessions that could be extracted under torture until 1738.
The witch
Michée Chauderon, Sentenced to death by hanging, followed by cremation of the body. Tried by the Petit Conseil on 3 April 1652.
Audio track (In French)
In this period of misery and violence, the trial of Michée Chauderon marked the end of the ‘great witch hunts’ that had swept across Europe since the middle of the 15th century. Since the first witchcraft trials in Geneva, the repressive mechanism used in witchcraft cases has been well established. It is based on secret investigations, recourse to experts, the use of the interrogation (torture) and the writing of authentic documents.
18th century
Audio Track (In French)
The 18th century, an emblematic period of the Age of Enlightenment, was characterised by the French Revolution and the adoption of the Declaration of the Rights of Man and of the Citizen.
In Geneva, December 1792 marked the end of the Ancien Régime, when a ‘provisional security committee’ suspended the existing government and proclaimed political equality for all sections of the population. During the Geneva Revolution, the jury was established by the Geneva Constitution, which was adopted in 1794, thereby enshrining popular sovereignty and the principle of the separation of powers.
The justice system evolves towards an adversarial and accusatory procedure, offering more rights to the accused. Torture has been abolished, modern prisons are being developed and mutual legal assistance intensifies with the extradition of criminals.
19th century
Following the annexation of Geneva by France in 1798, French law replaced Geneva law and the city's judicial system was changed. Liberated by the Austrian army, Geneva regained its independence before joining the Swiss Confederation in 1815.
The Geneva Constitution of 1847, drafted by James Fazy, laid the foundations for modern democracy and transformed the institutions. It guaranteed the existence of a jury of the people, which alone ruled on questions of fact brought before the Cour d'assises and the Cour correctionnelle, and re-established the justice of the peace.
The deserter
Barthélémy Duret, sentenced in absentia to death and a fine for desertion. He was tried by the Special War Council of Civita Vecchia (IT) on 12 December 1808
Audio track (in French)
Geneva was under the rule of Napoleon, and the Genevans, then considered French citizens, were subject to French laws. Many inhabitants of the new department of Léman were enlisted in the imperial army (conscription) and sent to conquered territories.
Deserting conscripts were tried by a military tribunal
19-20th century
This period was marked by major world events, notably the First World War (1914–1918), followed in 1929 by the great economic crisis.
In Switzerland, the Federal Constitution of 1848 entrusted the organisation of the judiciary to the cantons. Several major national legislative texts were enacted, including the Federal Criminal Code, the Swiss Civil Code, laws on health and accident insurance, and the first law codifying the main principles of unemployment insurance.
In Geneva, these developments were accompanied by a constitutional revision establishing the separation of church and state, optional referendums and the right of initiative. The abolition of the death penalty, with the exception of military cases, was enacted in 1871.
The rule of law is being strengthened, notably with the creation of a constitutional chamber responsible for monitoring the conformity of cantonal laws, dealing with disputes relating to the exercise of political rights at cantonal and municipal level, and ruling on conflicts of jurisdiction between authorities.
The authorities are seeking the right balance between the protection of personal data on the one hand and administrative transparency on the other. Many court decisions are published online, but the names of individuals are generally removed (redacted) in order to respect their anonymity and right to be forgotten.
Mr. A.
Mr. A, contests his placement in a high-security cell. His appeal is rejected by the Chambre administrative of the Cour de justice on 25 October 2016.
A citizen may, through public law, appeal against decisions made by the State, as in the case of Mr A., a prisoner who considers that he has been the victim of a disproportionate decision for disturbing the peace at Champ-Dollon prison. He is therefore appealing against his placement in a high-security cell before the Chambre administrative of the Cour de justice.
20-21th century
The 20th century was marked by the Second World War (1939–1945) and the creation of major international institutions such as CERN and the UN.
Switzerland is gradually becoming involved in international relations, joining the UN in 2002 and signing bilateral agreements with the European Union since 1972.
Civil rights also evolved, notably with women in Geneva gaining the right to vote at cantonal and municipal level in 1960, followed by its extension to federal level in 1971.
In Geneva, the overhaul of the cantonal constitution was accompanied by a modernisation of the judicial system: new courts were created, the jury system was abolished, and a constitutional chamber was established to monitor compliance of cantonal laws, rule on disputes relating to the exercise of political rights, and settle conflicts of jurisdiction between authorities.
21th century
With the development of robotics and artificial intelligence, we are on the threshold of a new revolution that also raises legal and ethical questions.
Legislators are attempting to anticipate these changes, following the example of the European Parliament, which adopted a resolution entitled ‘Civil law rules on robotics’ on 16 February 2017.
What status should be granted to ‘intelligent’ robots? Are they objects belonging to a natural or legal person? If they are capable of thinking and creating, are they responsible for their actions and owners of their works?
Will there be special courts in the future? The answers are not yet available, but there is no doubt that this will be a major change in our society that the justice system will have to take into account
PKD-1966, nickname "Roy-B"
Roy-B files a claim for compensation. Compensation awarded for intellectual property infringement by the Android Tribunal on 16 December 2049.
Audio track (in French)