International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ICAT) - implementation in Switzerland
RS 0.105 (GA Res 1987 1306)
Signed on 4 February 1985. Ratified on 2 December 1986
Entry into force on 26 June 1987
Message on 30 October 1985: FF 1985 III 285/273/263
About the Convention
- Text of the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
10 December 1984 (Entry into force on 26 June 1987), ratified by 141 countries (stand May 2006) - Description of the Content on pdhre.org
Reservations and additions
Upon ratification, the Swiss Federal Council recognised the competence of Committee (see below) to receive and consider communications to the effect that a State Party claims that Switzerland is not fulfilling its obligations under this Convention ( art. 21). It also accepted the competence of the Committee Against Torture (CAT), the body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties, to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by Switzerland of the provisions of the Convention (art.22). To this day, the Committee examined several individual communications about Switzerland, all related to art. 3, which states that “No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”
Individual complaints procedure
Switzerland submitted itself to procedures by inter-state complaints (art. 21 ) as well as individual complaints or communications (art.22 ) from individuals claiming that their rights under the Convention have been violated. Since 1994, the Committee examined 40 procedures concerning Switzerland, In three cases, it confirmed the violation of the Convention by Switzerland; in thirty-seven cases, it did not confirm it. (Status 15 August 2008)
- Individual complaints concerning Switzerland confirmed by the Committee
- Individual complaints concerning Switzerland refused by the Committee
Reports by Switzerland
- (Fifth and) Sixth periodic report (2009)
- Fourth periodic report (2004-2005)
- Third periodic report (1997)
- Second periodic report (1993-1994)
- First periodic report (1989)
Contacts
- Federal Administration:
Walter Troxler, Federal Office of Justice, Directorate of Penal Law and Recourse (DJP) tel 031 322 76 43, e-mail walter dot troxler at bj dot admin dot ch - For the NGO Report:
Esther Schaufelberger, Association for the Prevention of Torture (APT), tel 022 919 21 71, e-mail esther at apt dot ch
Update: 08.09.2010
