A/HRC/4/19/Add.2 page 7 the use of this article and stated: “this article makes me sick”.3 On his return, the Minister of Justice confirmed his intention of amending the anti-racist provision of the Criminal Code.4 19. On the other hand, article 261 bis has been criticized because of its lack of scope and because it is difficult to use and apply. During the Special Rapporteur’s visit, the question was asked whether racist behaviour in the Swiss army was in the “public” domain. In the context of an inquiry to obtain additional evidence, an investigating judge of the Military Tribunal proposed that the competent commander should not order the taking of evidence against four of his recruits for the offence of racial discrimination (Nazi salutes and racist speech), but should subject them to disciplinary measures. According to him, the accused and the soldiers that complained knew each other well and, therefore, the remarks were not made in public in the meaning of the law. The Attorney-General of the Swiss Army rejected this argument and pointed out that “the practice of military justice in racial discrimination cases is no different from the practice of civil criminal justice, in particular that of the Swiss Federal Tribunal”.5 In accordance with article 171 (c) of the Military Criminal Code, the content of which is identical to article 261 bis, military proceedings are still pending. 20. According to statistics provided by the Federal Commission against Racism, 212 complaints were lodged between 1995 and 2002 with the competent authorities through the application of article 261 bis. In 48 per cent of the cases, the investigating authorities, after a brief examination of the facts, did not institute judicial proceedings, suspended the proceedings or did not consider the complaints. In the other cases, the complaints were considered in the context of substantive law and a judgement was handed down. In some 80 per cent of these cases, the authorities found the accused person guilty. These decisions and judgements were handed down by the prosecution authorities or courts of various instances; certain cases were brought before higher judicial bodies.6 21. New article 386 of the Criminal Code, which entered into force on 1 January 2006, created the legal basis for the Confederation’s measures to stop reprehensible acts and prevent crime, and to establish and support organizations that pursue such objectives. 22. The Committee on the Elimination of Racial Discrimination considered three reports submitted by Switzerland to its fifty-second and sixtieth sessions in 1998 and 2002, respectively, and made a number of recommendations to the authorities (CERD/C/304/Add.44 and CERD/C/60/CO/14). Other institutions that have also considered questions relating to racism 3 www.swissinfo.org, De Turquie, Blocher provoque une polémique en Suisse, 4 October 2006. 4 www.swissinfo.org, Christopher Blocher tient à réviser la norme antiracisme, 6 October 2006. 5 Office of the Attorney-General, press release, 10 January 2006. 6 The Federal Commission against Racism has opened a database on the Internet listing the decisions handed down under article 261 bis (http://www.edi.admin.ch/ekr/db/start/).