2023-05-01 18:35:04
Writing exchanges are normal before a hearing. But it is rather unusual for a game to give new written material on the day it takes place. Yet this is what the Swiss government did during the procedure which opposes it to the Elders for the climate, to the European Court of Human Rights. As a reminder, the association is suing Switzerland for climate inaction and accuses it of endangering the health of elderly women.
On the morning of March 29, the day on which the parties were heard publicly, Switzerland provided a new written supplement, annexed to an internal document not published until now. “It looks like a desperate last minute attempt. It’s pretty miserable in form. On the merits, I do not see how this could weaken us, ”comments Raphaël Mahaim, lawyer for the plaintiff. Elders for Climate had the opportunity to respond to these final points after the hearing.
Two critical points
The documents provided by the government address two critical points: its carbon budget as well as the calculation of its fair contribution – according to its means and its historical responsibility – to the overall reduction of CO2. “Switzerland is forced to admit that it has no carbon budget. These documents show that reflections took place but that they never led to a calculation. It’s an auto goal,” said the lawyer.
Regarding the delicate issue of the equitable contribution, to which the judges returned through oral questions during the hearing, the internal document transmitted by Switzerland to the Court contradicts the position of the government so far. “It specifies that emission reductions made abroad should not be counted in the carbon footprint and also notes that Switzerland should reduce its gray emissions (in consumer goods produced abroad for example, editor’s note) . This incredible document itself reveals the failings of the Confederation, ”supports Raphaël Mahaim.
The legal team of the Elders for the climate responded to it in about thirty pages, reaffirming its position. On the merits, these last elements should not bring new arguments for the judgment. This is not expected for several months.
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