Bern is debating a significant shift in its approach to public transport fare evasion. The city parliament recently approved a motion aiming to prevent individuals struggling with poverty from facing jail time for unpaid public transport fines. This initiative seeks to address concerns about the criminalization of poverty and the overcrowding of correctional facilities, though its practical impact remains a subject of debate.
Key Takeaways
- Bern's city parliament voted to stop jailing impoverished individuals for unpaid public transport fines.
- The measure aims to reduce prison overcrowding and decriminalize fare evasion for those in poverty.
- Critics argue the new rule will have minimal impact on prison capacity.
- The cantonal Office for Penal Enforcement reports only about 120 individuals statewide are jailed annually solely for fare evasion.
- Bernmobil already implements measures to avoid fining individuals with registered social addresses.
City Parliament Approves Motion for Change
The Bern city parliament has given its approval to a motion put forward by the Green Free List (GFL). This motion proposes that individuals experiencing poverty should no longer be sent to prison for failing to pay fines related to fare evasion on public transport.
Currently, unpaid fines for riding public transport without a valid ticket can be converted into a substitute custodial sentence. This means a person could end up in jail if they cannot pay the initial fine.
Fact Check
Approximately 120 individuals across the Canton of Bern are incarcerated each year solely due to unpaid public transport fines, according to the Office for Penal Enforcement.
Decriminalizing Fare Evasion for the Impoverished
Supporters of the motion argue that the current strict practices contribute to the overpopulation of Bern's prisons. They also contend that Bernmobil, the local public transport operator, has stringent collection and penalty rules that worsen the situation.
The GFL parliamentary group advocates for decriminalizing fare evasion, especially for those who cannot afford a ticket.
"We cannot criminalize people simply because they cannot afford a ticket," stated Michael Burkard (GFL), the primary signatory of the motion.
Burkard emphasizes the need for a more compassionate approach to individuals facing economic hardship.
Opposition from Center and Right-Wing Parties
The motion did not receive support from the Center, FDP, or SVP parties. They acknowledged the question of whether prison sentences are appropriate for such offenses but argued against simply removing controls without alternative solutions.
Nicolas Lutz (Center) commented during the city council meeting that while the idea of not criminalizing such acts has merit, simply ceasing controls is not a viable option.
"I am against exempting certain groups of people from fines," said SVP City Council member Alexander Feuz. "That would mean, for example, that people affected by poverty should also not be issued parking fines. That cannot be – that would be unequal treatment."
Feuz insists that the law must apply equally to everyone, regardless of their financial situation.
Limited Impact on Prison Overcrowding Expected
Despite the city parliament's vote, officials from the cantonal Office for Penal Enforcement believe the new measure will have little impact on prison overcrowding. Olivier Aebischer, Head of Communications for the office, provided data on the issue.
Aebischer explained that the 120 individuals jailed annually for fare evasion come from across the entire canton, not just the city of Bern. This number includes those fined by other operators like SBB or Postauto.
Understanding Substitute Custodial Sentences
A substitute custodial sentence is a legal provision where an unpaid fine is converted into a period of imprisonment. This system is designed to ensure that judicial penalties are enforced, even when financial payment is not made.
If all these individuals were exempt from imprisonment, only one prison place per year would become available, according to Aebischer's calculations. This is because many cases of fare evasion are not standalone offenses.
"In most cases, riding without a valid ticket occurs alongside other criminal offenses," Aebischer noted. This means many individuals in prison for fare evasion are also serving time for other crimes, and their release would not free up a dedicated prison slot.
Bernmobil's Existing Practices
The Municipal Council also rejected the GFL's motion. Transport Director Matthias Aebischer (SP) stated that Bernmobil already works to avoid issuing fines to individuals known to be experiencing poverty.
When a person with a Bern residence is caught without a ticket, Bernmobil checks if a social address is registered for them. If such an address is on file, the transport operator waives the fine.
- Bernmobil checks for registered social addresses.
- Fines are waived if a social address is confirmed.
- This practice aims to avoid penalizing those in poverty.
"In my view, Bernmobil proceeds with the necessary care and sensitivity, operating within the legally prescribed framework," Matthias Aebischer commented. This suggests that the transport provider already has mechanisms in place to mitigate the impact on vulnerable populations.
The discussion highlights a tension between enforcing public transport rules and addressing the social challenges of poverty. While the city parliament's decision reflects a desire for more humane policies, the practical implications for prison capacity and legal equality remain complex.