Executive Summary

The Cantonal Police Bern shadows approximately 80 persons annually who have committed no criminal offense – made possible by the total revision of the Police Act in 2019. Observations occur based merely on "serious indication[s]" of future crimes. Over half of cases concern alleged violations of the Narcotics Act, while critical success figures are absent. Parliamentarians and human rights organizations warn of insufficient proportionality and inadequate oversight.

People

Topics

  • Police surveillance pre-investigation
  • Prevention vs. fundamental rights
  • Police Act Canton Bern

Clarus Lead

80 persons per year without criminal offense under observation. The Canton of Bern has massively utilized the option since 2019 to observe citizens during pre-investigation – without prior crimes. The government council's response to a parliamentary inquiry reveals: Over 50 percent of observations target alleged drug offenses, although these constitute less than one-third in crime statistics. Why relevant: Success rates and breakthrough rates remain statistically invisible – a gray zone between prevention and fundamental rights protection, which politicians such as Christa Ammann classify as "concerning."

Detailed Summary

The total revision of the Police Act in 2019 allowed the Cantonal Police Bern for the first time to monitor persons before suspicion of a criminal offense is concrete. Legally, the criterion "serious indication that crimes or misdemeanors are imminent" is sufficient. Six years later, these competencies are exercised regularly: approximately 80 observations per year on average.

Noteworthy is the distribution of offenses: Over 50 percent of all observations without prior criminal offense concern the Narcotics Act. By comparison: in the cantonal police crime statistics, violations of this law constitute significantly less than one-third – an indication of possibly disproportionate focus on drug offenses. Technical aids (GPS tracking, location determination) are used in a maximum of three observations annually.

Criticism of missing control data: The government council refuses to maintain statistics on unsubstantiated suspicions or crimes prevented through observation. Christa Ammann argues that such figures are essential to examine proportionality. Human rights organizations such as humanrights.ch had already criticized this observation capability during the law revision as "particularly concerning."

Key Statements

  • An average of 80 persons per year are observed without having committed a criminal offense
  • Over 50 percent target suspected drug violations – disproportionate to crime statistics
  • Technical surveillance (GPS) occurs a maximum of 3× annually for serious potential offenses
  • Success statistics are not recorded – benefit and proportionality remain opaque
  • Criticism from parliamentarians and human rights organizations due to lack of oversight

Critical Questions

  1. [Data Quality] Why does the government council not maintain statistics on unsubstantiated suspicions and observations without charges? Without these figures, success rates cannot be evaluated – is this deliberate opacity or organizational failure?

  2. [Conflicts of Interest] Why do over 50 percent of all observations concentrate on narcotics offenses when these are underrepresented in crime statistics? Does an institutional focus on drug enforcement exist, independent of actual case numbers?

  3. [Causality] The government council claims "crimes not committed cannot be statistically captured." Is this factually true, or is it technically feasible but politically undesirable – for example through comparison of observation groups with control groups?

  4. [Alternatives] To what extent were alternative prevention methods (social work, community policing) evaluated before the 2019 law revision? Is observation employed as "last resort" or as a preferred means?

  5. [Implementation Risks] How is ensured that the criterion "serious indication" is applied standardly? Do audit mechanisms exist, or is every observation subject to subsequent independent review?

  6. [Side Effects] What psychosocial or legal consequences does observation have for persons whose suspicion is not substantiated? Does a complaints procedure or compensation arrangement exist?

Source Directory

Primary Source: Rabe-Info (Radio Feature) – Cantonal Police Bern: Observation Without Criminal Offense (19.02.2026) lcdn.letscast.fm/media/podcast/c51491ca/episode/23c8438f.mp3

Supplementary Context:

  • Cantonal Council Bern, Motion Christa Ammann on Observations in Pre-Investigation
  • Government Council Response Canton Bern (2026)
  • humanrights.ch: Statement on Police Act Revision 2019

Verification Status: ✓ 2026-02-20

This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-Check: 2026-02-20