Update: 05.05.2014

International feedback: expulsions

In the following we have chosen some citations on the subject. At the end of each original citation you can find the source with a link to the complete text of the citation.

Universal Periodic Review (UPR)

«Put in place independent inquiries on the use of excessive force during deportations (France);»

Committee against Torture CAT

«The State party must continue its efforts to ensure that the initiative on the expulsion of foreign criminals does not violate the international obligations that Switzerland has undertaken, especially the Convention against Torture, or article 25 of the Swiss Constitution on the principle of non-refoulement.»

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«The State party should consider modifying the procedure set out under article 65 of the Federal Act on Foreign Nationals with a view to providing more time for thorough consideration of appeals and an assessment of whether the principle of non-refoulement is being violated, and to lending such appeals suspensive effect.»

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«The State party should reconsider the maximum period of administrative detention, resort to it only in exceptional circumstances and limit its duration in light of the principle of proportionality.»

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«The State party must:
(a) Ensure that human rights observers and independent physicians are present when persons are forcibly repatriated by air;
(b) Provide also for their participation in the drafting by the Federal Office for Migration of orders on the use of coercive measures by police escorts during forcible returns;
(c) Prevent police violence and mistreatment against persons being forcibly repatriated by air, open inquiries into any such allegations, prosecute and punish perpetrators, and compensate victims;
(d) Continue training in human rights and, especially, in Convention safeguards of police and other officials who carry out forcible repatriation.»

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«Ensure compliance with the requirements of article 3, including the proper test of proof, or the risk of torture, when determining whether to expel, return or extradite a person toanother State.» 

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«Inform the Committee whether there have been complaints in the State party against the use of “diplomatic assurances” as a way to circumvent the absolute prohibition ofnon-refoulement established in article 3 of the Convention.» 

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«Undertake efforts to encourage the successful outcome of the ongoing consultations on the draft federal law regulating the use of force by police during deportationsand during the transport of detainees ordered by a federal authority regarding the ban on the useof electro-shock instruments. The State party should also ensure that independent human rights observers and/or doctors be present during all forced removals by air. It should also offer, as aroutine practice, medical examinations both before forced removals by air and, in the case ofabortive attempts, thereafter.» 

Human Rights Committee CCPR

«The State party should allow the presence of independent observers during the forcible removal of foreigners.»

European Human Rights Commissioner

«Means employed by the police when deporting aliens:forbid the use of stun guns during deportation operations; do not employ private firms on such operations; suggest that relevant NGOs accompany police officers effecting deportations, particularly collective deportations by charter flight; avoid using children to trace unlawfully resident aliens; provide continued training and supervision to ensure that police officers responsible for deportation measures always respect the rights and dignity of aliens.»

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