About fifty detainees could be released from the military prison of Guantanamo, but they find nowhere to go. Stigmatised as potential terrorist, but formal charges were never laid against them, they face torture and imprisonment in their homeland. With one exception, no countries are ready to accept them. By deciding on 10 November 2008 against the asylum of three of these men, the Federal Office of Migrations (FOM) shows that Switzerland too is not ready to accept these releasable detainees. The Swiss section of Amnesty International and some parliamentarians call the government to welcome them on a humanitarian basis.
Return home, threats of torture
"The Swiss recognised these people would be in danger if they returned to their own countries but they felt other countries were better able to receive them," said Amnesty Switzerland lawyer Alain Bovard. The three - a Libyan, an Algerian and a Chinese of Uyghur origin – made their asylum applications earlier this year after US authorities signalled they were free to leave after seven years imprisonment if they found a safe haven. Their Swiss lawyer Dominik Heinzer – also Board member of Humanrights.ch – said the three men needed the protection of Switzerland because the US threatened to send them to their homeland, where they are at major risk of persecution.
Decision based on not credible information
According to Heinzer, Switzerland based it decision exclusively on sources of information that are not credible and not compatible with a State of law. Sources are the American military authorities and those of the country of origin. These accusations are not funded. They have to led to judicial procedures. Heinzer said on 20 November that he would appeal at the Federal Administrative Tribunal, with the support of Amnesty International.
Political opposition
On 18 November, a group of nineteen parliamentarians wrote an open letter to the Swiss Federal Council, calling to verify all options to accept these unjustly detained persons in Switzerland and to end their suffering.
Good example
“Switzerland should accept this small contingent of three people to show the international community that the time has come to find a humanitarian solution. We have to help close down Guantanmo," said Denise Graf, refugee coordinator for Amnesty's Swiss section.
- Bern rejects asylum for Guantanamo inmates
swissinfo / ATS, 13 November 2008 - Amnesty International says Switzerland has denied asylum to three Guantanamo detainees
Expactica.com, 14 November 2008 - Guantanamo prisoners hope for asylum in Switzerland
Worldradio.ch, 21 November 2008
Interview with Emi McLean, one of the American lawyers who has been invited to Switzerland by Amnesty International - Aufnahme von asylsuchenden Guantánamo-Gefangenen in der Schweiz (pdf)
Open letter addressed to the Federal Council, 18 November 2008
