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0 Punishment and deterrence
Legislation through the ages
For centuries, Burgdorf Castle was also a court of law. This room was one of four courtrooms in the castle. It was last used as a courtroom in 2012.
The way authorities deal with offenders has changed considerably over the centuries. Before 1800, a person could only be convicted if he or she had confessed. But what was supposed to safeguard against false verdicts did the opposite: confessions were often obtained by torture. Instead of prison, many crimes were punishable by death. The style of execution varied according to the offence and was often cruel; corpses were put on public display as a deterrent.
The Helvetic Republic abolished torture in 1798 and although the punishments continued to be drastic compared to today, the death penalty was henceforth reserved for serious crimes. The last death sentences in this castle were pronounced in 1861; thirteen years later, the new Federal Constitution abolished the death penalty in peacetime.
Unless otherwise stated, the objects in this room belong to the “Rittersaalverein” collection.
1 Four cases
Trials and sentences from four different centuries
Niklaus Leuenberger led the Peasants’ Revolt in Bern. During the Murifeld truce, the government guaranteed him safe conduct, but failed to keep its promise – Leuenberger was arrested, charged with treason, beheaded, drawn, and quartered on September 6, 1653.
Father Hotz was a knacker and the executioner’s assistant. He and his son were accused of poisoning cows and then charging the owners a fee to dispose of the corpses. Due to his profession Hotz knew exactly what torture entailed – and just the threat of it was enough for him to confess. In 1702, father and son were hanged.
Anna Maria Flückiger had a terrible youth. She was charged with arson, robbery, and the murder of her mother, but nothing was proven. In 1846, the 21-year-old was sentenced to death, which was subsequently reduced to shackling in irons by the Supreme Court. But Anna Maria preferred to die – she couldn’t bear the idea of spending 15 years in irons, and killed a fellow prisoner’s baby in order to have herself executed.
In 1926, the Jury Court in Burgdorf convicted the lovers Max Riedel and Antonia Guala of the murder of Max Riedel’s wife, Ida. Five years later, an appeal court ruled that Riedel’s wife had in fact committed suicide. Max Riedel and Antonia Guala were freed, received compensation and were married the same year.
2 Sceptre of justice, 16th century.
On loan from the Bern Historical Museum
3 Niklaus Leuenberger’s appeal for clemency, 1653 (reproduction).
The original can be found in the Bern State Archives, A IV 184.
4 Niklaus Leuenberger. Engraving, 17th century.
5 The Huttwil Oath on May 14, 1653. Lithograph by Martin Disteli, taken from the 1840 Swiss illustrated calendar (copy).
Niklaus Leuenberger is shown kneeling in the middle of the Landsgemeinde. In his left hand he holds the charter of alliance, his right arm is raised to take the oath.
6 Schibi being tortured. Lithograph by Martin Disteli, taken from the 1839 Swiss illustrated calendar (copy).
The Sursee district court interrogates the leader of the Entlebuch peasant uprising, Christian Schibi, after the revolt.
7 Thumbscrew (instrument of torture), 18th century.
On loan from the Bern Historical Museum
8 Biography of Anna Maria Flückiger, 1846 (reproduction).
The original can be found in the Bern State Archives, BB XV 1884, Nr. 6397.
9 Four texts on the sentencing of Anna Maria Flückiger, 1847.
The trial struck a chord with the general public, and many articles and texts were written.
10 This sword of justice was used in the final execution to be held in the Canton of Bern.
Inscription: “Bern. The last sword of justice. Last execution on December 9, 1861.”
On loan from the Bern Historical Museum
11 Archive files of the investigation of Dr. Max Riedel and Antonia Guala.
12 Jakob Nef : Illustration taken from the magazine “Nebelspalter” of January 8, 1932.
13 “Zürcher Illustrierte” of December 18, 1931.
Riedel and Guala’s appeal proceedings caused a stir all over Switzerland. The room shown is the courtroom in the granary of Burgdorf Castle.
14 Max Paul Theodor Riedel in prison in Thorberg, 1931.
Photo : Paul Senn.
The Bern Foundation for Photography, Film, and Video, Kunstmuseum Bern, Gottfried Keller Foundation deposit © Foundation Gottfried Keller, Berne.
15 Antonia Guala in prison in Hindelbank, 1931.
Photo : Paul Senn.
The Bern Foundation for Photography, Film, and Video, Kunstmuseum Bern, Gottfried Keller Foundation deposit © Foundation Gottfried Keller, Berne.
16 Behind bars in the name of peace
Until 2012, the castle was used as a court and a prison. Twelve narrow cells were located in the granary. The last prisoners were in pre-trial custody, and until 1996 conscientious objectors were also imprisoned there.
Conscientious objectors had their own cells separate from those of pre-trial inmates. If the military court acknowledged that the prisoners had ethical or religious grounds for objection, they were permitted to work during the day in the kitchen of the regional hospital. Those opposed to the army as a concept and “slackers” received harsher sentences.
In 1981 Urs Geiser spent five months in a cell in the castle, which was a relatively lenient sentence; he could easily have been sentenced to ten months in prison. Switzerland only introduced civil service in 1992, and was one of the last countries in Western Europe to do so. The criminalisation of conscientious objectors came to an end.
17 Prison blues
For five months, Urs Geiser, a conscientious objector, slept in a cell at Burgdorf Castle. He used music as a way to make the long evenings pass by a little faster and so he brought a tape recorder with him.
Improvising, he used it to record his cellmate’s music. Luc played the guitar and sang country music, Beatles songs and his own blues compositions, in which he counted the days until his release. On his penultimate day in prison, Urs Geiser recorded the noises in his cell at six o’clock in the morning: the guard approaching, the key ring clinking as he opened the door and said good morning.
The tape recorder accompanied Urs Geiser for half his life. After 39 years it’s now ready for the museum, and it’s been returned to the location of its first use.
18 Divisional Court 3 ruling of Urs Geiser’s case, dated 14 October 1980 (extracts, reproduction).
19 Summons of the Divisional Court 3, dated 23 September 1980.
20 Key to a prison door in the regional jail.
21 Urs Geiser, 1983
22 Prison cell featuring an artistic installation
by Heinz Egger, 2012.
2018 photos by Verena Menz.
23 Article on the final trial at Burgdorf Castle.
“Berner Zeitung” Emmental edition, April 13, 2012.