GRA STIFTUNG GEGEN RASSISMUS UND ANTISEMITISMUS v. SWITZERLAND JUDGMENT 5 1. to prohibit a threatened infringement; 2. to order that an existing infringement cease; 3. to make a declaration that an infringement is unlawful if it continues to have an offensive effect. In particular, the applicant may request that a rectification or court judgment be notified to third parties or published. Claims for damages and satisfaction or for the handing over of profits are reserved, in accordance with the provisions which govern agency without authority.” 15. The relevant part of the Swiss Criminal Code, as in force at the material time, reads as follows: Article 261bis Racial discrimination “Any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin or religion, any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of the members of a race, ethnic group or religion, any person who with the same objective organises, encourages or participates in propaganda campaigns, any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin or religion in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of those grounds denies, trivialises or seeks a justification for genocide or other crimes against humanity, any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin or religion, when that service is intended to be provided to the general public, is liable to imprisonment of up to three years or to a fine.” 16. In October 2008, the Swiss Federal Commission against Racism issued an opinion on the initiative against the construction of minarets, the relevant part of which reads as follows: “The Federal Commission against racism recommends: 1. rejection of the initiative ‘against the construction of minarets’... The initiative against the construction of minarets ... ... discriminates against and defames Muslim men and women 1. The initiative and the arguments of those who support it equate to discrimination against Muslims. They are aimed at an outright ban on minarets, whereas Christians and members of other religions, such as Hindus, Buddhists and others, are not subject to a similar prohibition. 2. The initiative against the construction of minarets spreads and reinforces negative stereotypes concerning Islam and thereby defames Muslims. The minaret thereby