04.05.2010

As was to be expected, the UN Commission Against Torture has critisised Switzerland because of violent measures during forced repatriation, overcrowded prisons as well as excessive use of power by the police especially against foreigners and asylum seekers of African origin. In addition, the Committee's findings include that the principle of non-refoulment is in danger because of the lacking legal protection against forced repatriation (difficult access to the right of appeal because of a lacking possibility of postponement, as well as short terms, etc.) but also because of the pending initiative on forced repatriation of foreigners. The criminal code is to include a clause which aims at banning torture according to the wording of the Convention Against Torture, clearer measures regarding violence against women and calls for a ban of corporal punishment against children and increased measures against human trafficking, especially of women and girls. Finally, the Commission is asking the federal government to cater for the needs of unaccompanied underage asylum seekers and migrants. Various NGOs approved of the proposals.

Switzerland before the Commission Against Torture

In its 44th session the UN CAT assessed the situation in Switzerland and examined the sixth report of Switzerland on the implementation of the Convention. The conditions in Swiss prisons, the application of violence by the police during forced repatriation and handling of the principle on non-refoulment by the authorities, the protection of women exposed to domestic violence or human trafficking or the disappearance of underage asylum seekers were just some of the topics for dicussion the UN experts on torture focussed on when they interviewed the Swiss delegation between 30 April and 3 May 2010 in Geneva. The UN specialists addressed many points of critisim that had already been listed in the shadow report of Humanrights.ch/MERS and others. Another important item on the agenda was the suggestion of the UN experts to change the definition of torture in Swiss criminal law and to adjust it to the UN Convention.

Adaption of the definition of torture in the Swiss Civil Code

As Switzerland is refusing to include a ban on torture and a definition thereof in its own legislation, the responsible member of the Committee with the UN, Abdoulaye Gaye, stated that the topics of torture and mistreatment of prisoners were only investigated and prosecuted for minor reasons. This resulted in disproportionally mild sentences. It is for this reason that the that Humanrights.ch/MERS advocatesa clearer definition of the ban on torture in the Civil Code and sees the suggestiosn of the UN experts as an important indication for the improvement of the legislation with respect to the protection of the human rights of persons in the custody of public authorities.

Work of the NGOs

During the interview, the Swiss human rights organisations had the opportunity to state their position with the UN experts. A representative of the umbrella organisation for refugees Schweizerische Flüchtlingshilfe (SFH) and Amnesty International presented the contents of the shadow report during twenty minutes. They focussed on the following critical points in particular: the lack of an independent supervision during forced refoulments, conditions in prisons and the disappearance of unaccompanied underage asylum seekers, lacking translation and information during the imprisonment of asylum seekers due to the provisions of the Immigration Law, missing legal protection in the asylum procedure, the problems connected to the assistance of dejected asylum seekers, the use of exlectric shock devices by prison staff and the consequences of a possible acceptance of the Initiative on Refoulment by the Swiss people.

The present session of the UN Committee Against Torture lasted from 26 April until 14 May. Austria, France, the Principality of Liechtenstein, Cameroon, Syria, Jordan and Yemen were other items on the agenda.

Documentation