Deportation flights: National Commission for the Prevention of Torture voices criticism
Special deportation flights for foreigners resisting an extradition are mainly performed to African countries. Between October 2010 and July 2011, members of the National Commission for the Prevention of Torture (NCPT) have escorted six such flights as observers. The Commission has now published its findings in a report, allowing an insight into the enforcement which had already previously prompted discussion from a human rights perspective. In the publication of its findings the Commission presents clear recommendations for the attention of the authorities.
Suggested changes to law and ordinance
Jean-Pierre Restellini, president of the NCPT, finds that tying up persons who obviously are not dangerous is out of proportion. He therefor calls for a close examination of the individual case. According to the NCPT report, the standardised complete tying up procedure was systematically applied for the deportations. This contradicts the principle of proportionality, since the officer in charge always has to argue and act in favour of a loosening of forced measures, as the Commission writes in its media release. For this reason the Commission recommends to complete the Ordinance on Compulsory Measures, Article 14, Para.2, in the respective manner.
According to the NCPT, the Law on Compulsory Measures should also be completed, stating in particular that, after a failed deportation because of physical renitency, the person opposing the implementation of the deportation has to undergo a medical examination.
Suggestions for improved procedures and better implementation of statutory provisions
The Commission also spots potential for improvement during the phase in which the person to be deported is prepared for the deportation. The NCPT adds that conversations with affected persons have shown that they have not received enough information prior to their deportation, for which reason it calls for a systematic carrying out of the preparatory conversations provided for by law in a language that the person concerned understands. The person to be deported is also to be informed in writing.
According to NCPT, prison doctors involved in enforced deportations are to be given a medical veto. They should be allowed to prohibit a deportation flight if the health of the person is severely at risk.
Recommendations for police work
The boarding phase is the most sensitive stage of a deportation flight, as the NCPT adds. This phase includes the possible tying up of the persons before entering the plane which in the NCPT’s view should be performed by specially trained members of the airport police. In addition, the Commission would welcome an intensified integration of the police forces present at the deportations already during the preparation phase.
Over a period of ten months, the National Commission for the Prevention of Torture has accompanied a total of six deportation flights. All flights included some Level 4 deportations which entail persons being fully tied up.
It remains also to be noted that the Commission was at times confronted with the disapprobation of their work by the involved authorities.
Documentation
- Report of the National Commission for the Prevention of Torture (NCPT) for the Federal Department of Justice and Police and the Conference of Cantonal Justice and Police Directors (CCJPD) regarding deportation flights 2010/2011
NCPT report (pdf, 9 pages in German)
Further information
- Augenauf calls for an end to forced deportation
Article on humanrights.ch, 30 June 2010 - Nigerian dies shortly before deportation flight
Article on swissinfo.ch, 18 March 2010 - Verzicht auf Level IV-Ausschaffungen
Online petition by Amnesty International, 28 September 2011
Update: 14.12.2011
