GENEVA – For three decades, Yaël Hayat has stood as a staunch advocate for the accused, a legal figure willing to represent those society often shuns. From alleged murderers to those facing complex financial crimes, Hayat’s career has been defined by a commitment to the principle that everyone, regardless of the accusations against them, deserves a defense. “The role of the lawyer is to be able to say what cannot be said,” she explained in a recent interview, articulating a philosophy that has guided her through some of Switzerland’s most high-profile and emotionally charged cases. This dedication to defending even the most vilified has earned her both respect and criticism, but Hayat remains resolute in her belief that a robust defense is fundamental to a just legal system.
Hayat’s practice isn’t about condoning actions, but about understanding the circumstances that lead to them. She argues that the legal process should strive for balance, not moral judgment. “Defense has nothing to do with morality,” she asserts. “Being a criminal lawyer is about restoring a balance, never a question of morality… but of rights above all.” This approach, she believes, is essential to ensuring due process and preventing the erosion of fundamental legal principles. The core of her work, she says, is to give a voice to those who are often silenced, to present their case with humanity, and to challenge the rush to judgment that can so easily permeate public discourse.
A Career Defined by Controversial Cases
Hayat’s career has been marked by her willingness to take on difficult and often unpopular cases. She represented the young man convicted in the “Charmilles” murder case, a crime that shocked Geneva in the early 2000s. She also defended the man convicted in the assassination of an elderly Geneva gunsmith, a case that drew significant media attention. More recently, she has been involved in high-profile matters such as the legal proceedings surrounding former Geneva official Pierre Maudet, the case of Islamic scholar Tariq Ramadan, and Claude D., a man convicted of multiple counts of sexual assault. Currently, she is representing Jessica Moretti, the owner of the bar Le Constellation, in connection with a tragic incident in Crans-Montana, as reported by RTS.
Her path to becoming a prominent criminal defense attorney wasn’t direct. Hayat’s initial passion for justice was sparked through literature, particularly works exploring miscarriages of justice. She honed her advocacy skills through success in numerous debating competitions during her law studies, eventually becoming the first woman to preside over the prestigious Michel Nançoz oratory contest. This early experience instilled in her a confidence and eloquence that would become hallmarks of her legal practice.
Beyond the Courtroom: Advocating for Prison Reform
Hayat’s commitment to justice extends beyond individual cases. She has long been a vocal advocate for prison reform, arguing for increased apply of pre-trial release, more humane prison conditions, and improved rehabilitation programs. She has championed the rights of elderly prisoners to serve their sentences at home and has opposed life imprisonment, believing it to be a cruel and unusual punishment. Her advocacy reflects a broader concern for the dignity of all individuals, even those who have committed serious crimes.
Notably, Hayat emphasizes that she does not solicit clients. “It’s never the lawyer who goes towards a cause,” she explained. “It’s the opposite. They reach to us. They entrust us with their fate, and sometimes we have to give up, but we try to always be up to the task.” This approach underscores her belief in the importance of a client-driven defense, where the lawyer’s role is to faithfully represent the client’s interests, not to impose their own agenda.
Understanding the “Signature Humaine”
Central to Hayat’s approach is a deep desire to understand the motivations behind criminal acts. She believes that simply punishing offenders without seeking to understand the root causes of their behavior is a failure of the justice system. “Behind the act, you have to look for the human signature, try to understand what led to the commission of the crime,” she said. This isn’t about excusing wrongdoing, she clarifies, but about gaining a more complete picture of the circumstances that led to it.
Derrière l’acte, il faut chercher la signature humaine, essayer de comprendre ce qui a entraîné la survenance du crime
This understanding, she argues, allows for a more nuanced presentation of the facts to the court, one that acknowledges the humanity of the accused, even in the face of terrible acts. She acknowledges the emotional toll that representing accused individuals can take, particularly in cases involving heinous crimes, and the criticism she sometimes receives. However, she believes it’s crucial to resist the temptation to succumb to public outrage and to uphold the principles of due process and fair treatment under the law.
“Everyone Must Be Defended, Including the Devil”
Hayat’s willingness to defend even the most reviled individuals has led some to compare her to Jacques Vergès, a controversial French lawyer known for defending figures accused of war crimes and terrorism. However, Hayat rejects the label of “devil’s advocate,” arguing that it risks demonizing both the lawyer and the client. She believes that the role of the defense attorney is to reintegrate individuals into society, not to ostracize them. “Crime is part of our community,” she states. “Our duty is to restore [the accused] to their humanity.”
Le crime participe à notre communauté
She emphasizes that victims’ voices are naturally heard in the legal process, and therefore it is particularly important to ensure that the accused also have an opportunity to be heard, even if their voices are “dissonant.” Hayat believes that the role of the lawyer is to articulate what cannot easily be said, to create the unspeakable speakable, and to ensure that the principles of justice are upheld, even in the most challenging of circumstances.
Hayat notes a concerning trend in recent years: a growing dominance of emotion over reason in public discourse surrounding criminal justice. She warns that this emotional tide threatens to undermine fundamental legal principles, reminding us that individuals are presumed innocent until proven guilty. Her unwavering commitment to defending the rights of the accused, even – and perhaps especially – those who are most unpopular, is a testament to her belief in the enduring importance of a fair and just legal system.
The legal proceedings surrounding the Crans-Montana case, where Hayat represents Jessica Moretti, are expected to continue in the coming months. RTS will continue to provide updates on the case as it develops.
If you or someone you know is struggling with the aftermath of a crime, resources are available. You can uncover support and information from organizations like Victim Support Europe: https://victimsupporteurope.org/.
What are your thoughts on the role of defense attorneys in a just society? Share your perspectives in the comments below.
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