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COMMITTEE AGAINST TORTURE BEGINS REVIEW OF FOURTH PERIODIC REPORT OF SWITZERLAND
06 May 2005
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Committee against Torture
MORNING 6 May 2005
The Committee against Torture this morning began its consideration of the fourth periodic report of Switzerland on that country's efforts to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Bernardo Stadelmann, Deputy Director, Federal Office of Justice, Federal Department of Justice and Police of Switzerland, said Switzerland had never spared efforts for its human rights policies and most particularly in favour of the best protection of individual freedoms. The fight against torture was part of Switzerland's traditional policies. Switzerland had been the initiator of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and it had actively participated in the elaboration of the United Nations Convention against Torture.
Mr. Stadelmann said Switzerland had also played a key role recently in the adoption of the Optional Protocol to the Convention against Torture. The idea of that Protocol was created 25 years ago by Jean-Jacques Gautier, a Swiss national from Geneva, who was also the founder of the "Committee against Torture", which was now known as the "Association for the Prevention of Torture". Mr. Gautier had wished to eradicate torture and other cruel treatments through an effective and universal tool. Switzerland had adopted that idea and proposed the elaboration of that Optional Protocol. Since Switzerland was not a member of the United Nations at the time, it was unable to propose it to the Commission on Human Rights. Instead, it was Costa Rica that was charged with doing so in 1980 and in 1991, which finally led to the adoption of the Protocol in 2002. Switzerland had signed the Protocol in June 2004 and had immediately put in place an inter-departmental working group. The group had now finalized its work and the Protocol would soon be ratified.
Serving as Rapporteur for the report of Switzerland was Committee Expert Claudio Grossman, who asked questions on the lack of statistical data on complaints concerning crimes of torture, police identity, the request for asylum process and the use of appeal procedure, the practice of "beyond reasonable doubt" in the process of refoulement, and the sedatives used during forced removal of foreigners.
Sayed El-Masry, the Committee Expert serving as co-Rapporteur for the report of Switzerland, said he had noted the work done to improve prison conditions and prison transfers. The canton of Argovie even provided in 11 languages the rights and conditions of prisoners. He also noted reports of alleged misconduct by the Zurich municipal police, and asked about the result of an inquiry in this affair.
Other Committee Experts also raised questions pertaining to, among other things, the problem of asylum procedures, the expulsion of individuals to countries where internal conflict was still going on; the percentage of female prisoners; the existence of sexual violence in institutions for elderly or mentally deranged persons; and the handling of expulsions and the payment of compensation to victims.
Also representing Switzerland were Representatives of the Geneva Police, Federal Office for Justice and Police, Federal Office for Migration, Federal Department for Foreign Affairs, and Permanent Mission of Switzerland to the United Nations.
The delegation will return to the Committee at 4 p.m. on Monday, 9 May to provide additional responses to the Committee.
Switzerland is among the 139 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 4 p.m. this afternoon, it will hear the response of Canada to questions raised by Committee members on Wednesday, 4 May on its fourth and fifth periodic reports.
Report of Switzerland
The fourth periodic report of Switzerland (CAT/C/55/Add.9) refers to the legal provisions and remedies which protect the individual in Switzerland against torture and other cruel, inhuman or degrading treatment or punishment, noting that the Swiss Federal Constitution underwent a thorough reform in 1999. The report stresses that, while Swiss criminal law does not contain any provisions specifically against torture, it does cover all aspects of the definition of torture given in article 1 of the Convention and fully meets the stipulation of article 4 of the Convention. Acts constituting torture or other cruel, inhuman or degrading treatment are covered by special provisions of the Swiss Criminal Code and Military Criminal Code, which also apply to persons who perform administrative functions. Persons who commit such acts are liable to disciplinary sanctions that in some cases have more profound effects than criminal penalties and may be applied even without a criminal conviction. Since December 2000, article 264 of the Swiss Criminal Code has included a provision explicitly punishing genocide.
According to the report, during the period under consideration, there had been no extradition in violation of the principles of the Convention. However when extraditions entailing a risk of violation of human rights have been effected, they have been made subject to a guarantee by the requesting State that the rights of the person to be extradited will be respected. The report provides a range of decisions by the Swiss Asylum Appeals Commission with regard to asylum and forced removal of foreigners.
Presentation of Report
BERNARDO STADELMANN, Deputy Director, Federal Office of Justice, Federal Department of Justice and Police of Switzerland, said Switzerland had never spared efforts on its policies of human rights and most particularly in favour of best protection of individual freedoms. The fight against torture was part of Switzerland's traditional policies. Switzerland had been the initiator of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and it had actively participated in the elaboration of the United Nations Convention against Torture.
Switzerland had also played a key role in the adoption recently of the Optional Protocol to the Convention against Torture, Mr. Stadelmann said. The idea of that Protocol was created 25 years ago by Jean-Jacques Gautier, a Swiss national from Geneva, who was also the founder of the "Committee against Torture", which was now known as the "Association for the Prevention of Torture". Mr. Gautier had wished to eradicate torture and other cruel treatments through an effective and universal tool. Switzerland had adopted that idea and proposed the elaboration of that Optional Protocol. Since it was not a member of the United Nations at the time, Switzerland was unable to propose the idea to the Commission on Human Rights. Instead, it was Costa Rica that was charged to do so in 1980 and in 1991, which finally led to the adoption of the Protocol in 2002. Switzerland had signed the Protocol in June 2004 and immediately put in place an inter-departmental working group. The group had now finalized its work and the Protocol would soon be ratified.
Mr. Stadelmann said Switzerland had played a decisive role in the adoption of the European Convention against Torture. Effectively, in the absence of the slow work in putting in place a universal mechanism, a regional approach was envisaged within the framework of the Council of Europe, which was leading the institution of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Committee had carried out three periodic visits. In 2003, the Committee had visited detention centre in Kloten, Zurich, where individuals were detained before their expulsion. The Committee had observed that progress had been made in the removal procedures of foreigners by air.
With regard to the situation of asylum-seekers, Mr. Stadelmann said a new status on "admissibility for humanitarian reasons" proposed in 2002 by the Federal Council was at present being discussed in the country's parliament. The Council proposed to retain the provisional admission, which already existed, when removal of a foreigner was not possible, for technical reasons, or when the country of origin was not cooperating, for example.
Response of Delegation
The delegation responded to a series of written question prepared by the Committee in advance and sent to the State party beforehand.
Asked about the guidelines in the event of forced removal of foreigners, the delegation said according to article 13 of the guidelines relating to coercive repatriation by air, the use of medicine was used against the will of the individual to calm him or her during the transportation. That was done if the behaviour of the individual was judged to hurt others; after a medical check-up ascertaining that there was no problem in giving the medicine; and if a medical practitioner was accompanying the individual during the repatriation process. The United Nations medical ethics were applied in the protection of prisoners and detainees against torture and other cruel or inhuman or degrading treatment or punishment. The legal provisions allowed the administration of sedatives only in a situation where the health or security of the detainee or a third person was in danger. Article 13 excluded the use of medicine on a preventive basis.
On the issue of prevention of asphyxiation or other forms of injuries during the forced expulsion, the delegation said experienced agents, who were also subjected to a special training in that regard, carried out any forced expulsion by air. The training included the prevention of the problem of asphyxiation and any other risk related to that phenomenon. At the federal level, a new draft law had been elaborated on forced removal by the police and was sent for consultation in November 2004 to the cantons, political parties and other interested groups.
The delegation was asked to provide statistical data since January 2001 on cases of torture and ill-treatment in the removal procedure. The delegation said the issue concerned directly the cantons and questions had been addressed to them. Most of the cantons had responded that they had not registered such cases under their jurisdiction. No complaints had been lodged with the respective authorities. The canton of Argovie had noted that individuals who resisted refoulment had injured police officers. In Neuchêtel, only one complaint had been lodged against two collaborators of the police and against two Geneva police officers. The procurator general had not accepted the complaints. Instead, the plaintiff had been sentenced to 4 months imprisonment for violence and threat against authorities.
In 2001, 21,273 persons had requested asylum in Switzerland, including 3,537 children aged zero to 12 years, the delegation said. Only 2,252 persons had been granted refugee status. In the same year, 2,258 persons had been removed, out of which 1,802 were sent to their countries of origin while 456 were sent to third countries. In 2003, out of 21,037 demands, 1,636 persons were granted refugee status, while 2,858 were forcefully expelled.
Asked why the definition of torture in article 1 of the Convention was not incorporated in the Swiss Criminal Code, the delegation noted that the Swiss laws already complied with the obligations under article 4 of the Convention, and the Criminal Code covered all aspects of the notion of article 1 of the Convention. In its article 10, paragraph 3, the federal Constitution explicitly prohibited torture and other cruel, inhuman or degrading treatment or punishment.
According to the delegation, the number of prisoners in 2001 was 5,143, while in 2003, the number was 5,263. Preventive measures had been taken against contagious diseases in prisons. About 30 per cent of drug addicts were provided with sterilized materials for their injections. Further measures were also taken against HIV/AIDS and hepatitis diseases.
On solitary confinement, the delegation said in three cantons -- Vaud, Geneva and Valais -- such procedures still existed. During the presentation of its initial report to the Committee against Torture, Switzerland had explained that the use of solitary confinement was limited to a maximum of 14 days to curb outside contacts. In the rest of Switzerland, the use of solitary confinement did not exist.
Responding to a question on the legislative, administrative and other measures taken by the Government with regard to terrorist threats, the delegation said the existing legal provisions equally applied against terrorists committing homicides. That was why the Government, after 11 September, did not make any important amendment to its laws. Already before that event, there was a provision applicable to serious acts of terror. However, in view of ratifying the United Nations convention on the repression of financing of terrorism, a new provision had entered into force on repressing financing of terrorism. Since 11 September, no disproportionate restriction of the right to freedom of expression had been observed in the country.
Questions By Experts
CLAUDIO GROSSMAN, the Committee Expert serving as Rapporteur for the report of Switzerland, asked why Switzerland had not provided statistical data on complaints concerning crimes of torture.
With regard to police identification, Mr. Grossman said that according to a report of Amnesty International, the police should bear identity cards to better identify them in the event of a complaint.
Switzerland had put special emphasis on the issue of women in the asylum process, which should be an example to the rest of the world, Mr. Grossman said. How could asylum seekers be informed about the use of appeal to the Swiss Asylum Appeals Commission?
On the issue of refoulement, Mr. Grossman asked if the principle of "beyond reasonable doubt" was implied in the process of asylum requests before the individual was sent back to his or her country of origin. He asked if the Swiss law used the principle of beyond reasonable doubt while processing cases of asylum.
Mr. Grossman asked about sedatives used against a person subjected to a forced removal. The delegation had confirmed that in the case of resistance against forced removal, an individual could receive sedatives against his or her will under strict conditions. The Committee would like to know the name of those sedatives used.
Mr. Grossman also asked if the delegation could provide him with the list of means of restraint used against individuals during their detention.
SAYED EL-MASRY, the Committee Expert serving as co-Rapporteur for the report of Switzerland, said he had noted the work done to improve prison conditions and their transfer. The canton of Argovie had gone far in providing in 11 languages the rights and conditions of prisoners.
There were several reports on the alleged misconduct of the Zurich municipal police, Mr. El-Masry said, welcoming the establishment of an independent commission to investigate such misconduct. He wanted to know about the outcome of the investigation.
Mr. El-Masry said a number of measures had been taken by Switzerland to combat racism and racial discrimination. According to the European Commission against Racism, it had noted that street body searches depended on the colour of the skin of the individual. The European Committee on the Prevention of Torture had also recommended that the rights of foreigners be upheld by the police. Amnesty International had also addressed a letter to the Committee against Torture on recent development in asylum procedures.
During the G-8 Summit, the police had used excessive force against demonstrators, Mr. El-Masry said. Such excessive use of force was also observed in other instances against demonstrators. He also noted the use of police dogs against individuals and cited the case of a 14-year-old Kosovar against whom police had used dogs.
Mr. El-Masry also noted the death of two individuals who died during their repatriation operations in August 2001. With regard to the death of Mr. Kale Abuzarifa, who died during his repatriation operation in 2001, Mr. El-Masry said his death was attributed to asphyxiation by the police and the process to pay compensation had been delayed. With regard to the second person, Mr. Samson Chukwu, it was strange to learn that no criminal procedure against his death was opened, because police had invoked that the agents involved in the Nigerian death were not experienced and were not conscious of the consequences of their acts. The authorities should remedy the situation.
Other Committee Experts also raised questions. One Expert observed that 25 per cent of the report and the responses dealt with asylum cases, indicating that asylum was a big issue in Switzerland. The number of persons held at airports could attest that expulsion by air was a difficult task. He asked if the authorities consulted the Medical Association of Switzerland before using any injection against individuals subjected to forced removal.
Questions were also raised on issues pertaining, among other things, to expulsion of individuals to countries where internal conflict was still going on; the percentage of female prisoners; the existence of sexual violence in institutions for elderly or mentally deranged persons; and the handling of expulsions and the payment of compensation to victims.
* *** *
This press release is not an official record and is provided for public information only.
MORNING 6 May 2005
The Committee against Torture this morning began its consideration of the fourth periodic report of Switzerland on that country's efforts to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Bernardo Stadelmann, Deputy Director, Federal Office of Justice, Federal Department of Justice and Police of Switzerland, said Switzerland had never spared efforts for its human rights policies and most particularly in favour of the best protection of individual freedoms. The fight against torture was part of Switzerland's traditional policies. Switzerland had been the initiator of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and it had actively participated in the elaboration of the United Nations Convention against Torture.
Mr. Stadelmann said Switzerland had also played a key role recently in the adoption of the Optional Protocol to the Convention against Torture. The idea of that Protocol was created 25 years ago by Jean-Jacques Gautier, a Swiss national from Geneva, who was also the founder of the "Committee against Torture", which was now known as the "Association for the Prevention of Torture". Mr. Gautier had wished to eradicate torture and other cruel treatments through an effective and universal tool. Switzerland had adopted that idea and proposed the elaboration of that Optional Protocol. Since Switzerland was not a member of the United Nations at the time, it was unable to propose it to the Commission on Human Rights. Instead, it was Costa Rica that was charged with doing so in 1980 and in 1991, which finally led to the adoption of the Protocol in 2002. Switzerland had signed the Protocol in June 2004 and had immediately put in place an inter-departmental working group. The group had now finalized its work and the Protocol would soon be ratified.
Serving as Rapporteur for the report of Switzerland was Committee Expert Claudio Grossman, who asked questions on the lack of statistical data on complaints concerning crimes of torture, police identity, the request for asylum process and the use of appeal procedure, the practice of "beyond reasonable doubt" in the process of refoulement, and the sedatives used during forced removal of foreigners.
Sayed El-Masry, the Committee Expert serving as co-Rapporteur for the report of Switzerland, said he had noted the work done to improve prison conditions and prison transfers. The canton of Argovie even provided in 11 languages the rights and conditions of prisoners. He also noted reports of alleged misconduct by the Zurich municipal police, and asked about the result of an inquiry in this affair.
Other Committee Experts also raised questions pertaining to, among other things, the problem of asylum procedures, the expulsion of individuals to countries where internal conflict was still going on; the percentage of female prisoners; the existence of sexual violence in institutions for elderly or mentally deranged persons; and the handling of expulsions and the payment of compensation to victims.
Also representing Switzerland were Representatives of the Geneva Police, Federal Office for Justice and Police, Federal Office for Migration, Federal Department for Foreign Affairs, and Permanent Mission of Switzerland to the United Nations.
The delegation will return to the Committee at 4 p.m. on Monday, 9 May to provide additional responses to the Committee.
Switzerland is among the 139 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 4 p.m. this afternoon, it will hear the response of Canada to questions raised by Committee members on Wednesday, 4 May on its fourth and fifth periodic reports.
Report of Switzerland
The fourth periodic report of Switzerland (CAT/C/55/Add.9) refers to the legal provisions and remedies which protect the individual in Switzerland against torture and other cruel, inhuman or degrading treatment or punishment, noting that the Swiss Federal Constitution underwent a thorough reform in 1999. The report stresses that, while Swiss criminal law does not contain any provisions specifically against torture, it does cover all aspects of the definition of torture given in article 1 of the Convention and fully meets the stipulation of article 4 of the Convention. Acts constituting torture or other cruel, inhuman or degrading treatment are covered by special provisions of the Swiss Criminal Code and Military Criminal Code, which also apply to persons who perform administrative functions. Persons who commit such acts are liable to disciplinary sanctions that in some cases have more profound effects than criminal penalties and may be applied even without a criminal conviction. Since December 2000, article 264 of the Swiss Criminal Code has included a provision explicitly punishing genocide.
According to the report, during the period under consideration, there had been no extradition in violation of the principles of the Convention. However when extraditions entailing a risk of violation of human rights have been effected, they have been made subject to a guarantee by the requesting State that the rights of the person to be extradited will be respected. The report provides a range of decisions by the Swiss Asylum Appeals Commission with regard to asylum and forced removal of foreigners.
Presentation of Report
BERNARDO STADELMANN, Deputy Director, Federal Office of Justice, Federal Department of Justice and Police of Switzerland, said Switzerland had never spared efforts on its policies of human rights and most particularly in favour of best protection of individual freedoms. The fight against torture was part of Switzerland's traditional policies. Switzerland had been the initiator of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and it had actively participated in the elaboration of the United Nations Convention against Torture.
Switzerland had also played a key role in the adoption recently of the Optional Protocol to the Convention against Torture, Mr. Stadelmann said. The idea of that Protocol was created 25 years ago by Jean-Jacques Gautier, a Swiss national from Geneva, who was also the founder of the "Committee against Torture", which was now known as the "Association for the Prevention of Torture". Mr. Gautier had wished to eradicate torture and other cruel treatments through an effective and universal tool. Switzerland had adopted that idea and proposed the elaboration of that Optional Protocol. Since it was not a member of the United Nations at the time, Switzerland was unable to propose the idea to the Commission on Human Rights. Instead, it was Costa Rica that was charged to do so in 1980 and in 1991, which finally led to the adoption of the Protocol in 2002. Switzerland had signed the Protocol in June 2004 and immediately put in place an inter-departmental working group. The group had now finalized its work and the Protocol would soon be ratified.
Mr. Stadelmann said Switzerland had played a decisive role in the adoption of the European Convention against Torture. Effectively, in the absence of the slow work in putting in place a universal mechanism, a regional approach was envisaged within the framework of the Council of Europe, which was leading the institution of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Committee had carried out three periodic visits. In 2003, the Committee had visited detention centre in Kloten, Zurich, where individuals were detained before their expulsion. The Committee had observed that progress had been made in the removal procedures of foreigners by air.
With regard to the situation of asylum-seekers, Mr. Stadelmann said a new status on "admissibility for humanitarian reasons" proposed in 2002 by the Federal Council was at present being discussed in the country's parliament. The Council proposed to retain the provisional admission, which already existed, when removal of a foreigner was not possible, for technical reasons, or when the country of origin was not cooperating, for example.
Response of Delegation
The delegation responded to a series of written question prepared by the Committee in advance and sent to the State party beforehand.
Asked about the guidelines in the event of forced removal of foreigners, the delegation said according to article 13 of the guidelines relating to coercive repatriation by air, the use of medicine was used against the will of the individual to calm him or her during the transportation. That was done if the behaviour of the individual was judged to hurt others; after a medical check-up ascertaining that there was no problem in giving the medicine; and if a medical practitioner was accompanying the individual during the repatriation process. The United Nations medical ethics were applied in the protection of prisoners and detainees against torture and other cruel or inhuman or degrading treatment or punishment. The legal provisions allowed the administration of sedatives only in a situation where the health or security of the detainee or a third person was in danger. Article 13 excluded the use of medicine on a preventive basis.
On the issue of prevention of asphyxiation or other forms of injuries during the forced expulsion, the delegation said experienced agents, who were also subjected to a special training in that regard, carried out any forced expulsion by air. The training included the prevention of the problem of asphyxiation and any other risk related to that phenomenon. At the federal level, a new draft law had been elaborated on forced removal by the police and was sent for consultation in November 2004 to the cantons, political parties and other interested groups.
The delegation was asked to provide statistical data since January 2001 on cases of torture and ill-treatment in the removal procedure. The delegation said the issue concerned directly the cantons and questions had been addressed to them. Most of the cantons had responded that they had not registered such cases under their jurisdiction. No complaints had been lodged with the respective authorities. The canton of Argovie had noted that individuals who resisted refoulment had injured police officers. In Neuchêtel, only one complaint had been lodged against two collaborators of the police and against two Geneva police officers. The procurator general had not accepted the complaints. Instead, the plaintiff had been sentenced to 4 months imprisonment for violence and threat against authorities.
In 2001, 21,273 persons had requested asylum in Switzerland, including 3,537 children aged zero to 12 years, the delegation said. Only 2,252 persons had been granted refugee status. In the same year, 2,258 persons had been removed, out of which 1,802 were sent to their countries of origin while 456 were sent to third countries. In 2003, out of 21,037 demands, 1,636 persons were granted refugee status, while 2,858 were forcefully expelled.
Asked why the definition of torture in article 1 of the Convention was not incorporated in the Swiss Criminal Code, the delegation noted that the Swiss laws already complied with the obligations under article 4 of the Convention, and the Criminal Code covered all aspects of the notion of article 1 of the Convention. In its article 10, paragraph 3, the federal Constitution explicitly prohibited torture and other cruel, inhuman or degrading treatment or punishment.
According to the delegation, the number of prisoners in 2001 was 5,143, while in 2003, the number was 5,263. Preventive measures had been taken against contagious diseases in prisons. About 30 per cent of drug addicts were provided with sterilized materials for their injections. Further measures were also taken against HIV/AIDS and hepatitis diseases.
On solitary confinement, the delegation said in three cantons -- Vaud, Geneva and Valais -- such procedures still existed. During the presentation of its initial report to the Committee against Torture, Switzerland had explained that the use of solitary confinement was limited to a maximum of 14 days to curb outside contacts. In the rest of Switzerland, the use of solitary confinement did not exist.
Responding to a question on the legislative, administrative and other measures taken by the Government with regard to terrorist threats, the delegation said the existing legal provisions equally applied against terrorists committing homicides. That was why the Government, after 11 September, did not make any important amendment to its laws. Already before that event, there was a provision applicable to serious acts of terror. However, in view of ratifying the United Nations convention on the repression of financing of terrorism, a new provision had entered into force on repressing financing of terrorism. Since 11 September, no disproportionate restriction of the right to freedom of expression had been observed in the country.
Questions By Experts
CLAUDIO GROSSMAN, the Committee Expert serving as Rapporteur for the report of Switzerland, asked why Switzerland had not provided statistical data on complaints concerning crimes of torture.
With regard to police identification, Mr. Grossman said that according to a report of Amnesty International, the police should bear identity cards to better identify them in the event of a complaint.
Switzerland had put special emphasis on the issue of women in the asylum process, which should be an example to the rest of the world, Mr. Grossman said. How could asylum seekers be informed about the use of appeal to the Swiss Asylum Appeals Commission?
On the issue of refoulement, Mr. Grossman asked if the principle of "beyond reasonable doubt" was implied in the process of asylum requests before the individual was sent back to his or her country of origin. He asked if the Swiss law used the principle of beyond reasonable doubt while processing cases of asylum.
Mr. Grossman asked about sedatives used against a person subjected to a forced removal. The delegation had confirmed that in the case of resistance against forced removal, an individual could receive sedatives against his or her will under strict conditions. The Committee would like to know the name of those sedatives used.
Mr. Grossman also asked if the delegation could provide him with the list of means of restraint used against individuals during their detention.
SAYED EL-MASRY, the Committee Expert serving as co-Rapporteur for the report of Switzerland, said he had noted the work done to improve prison conditions and their transfer. The canton of Argovie had gone far in providing in 11 languages the rights and conditions of prisoners.
There were several reports on the alleged misconduct of the Zurich municipal police, Mr. El-Masry said, welcoming the establishment of an independent commission to investigate such misconduct. He wanted to know about the outcome of the investigation.
Mr. El-Masry said a number of measures had been taken by Switzerland to combat racism and racial discrimination. According to the European Commission against Racism, it had noted that street body searches depended on the colour of the skin of the individual. The European Committee on the Prevention of Torture had also recommended that the rights of foreigners be upheld by the police. Amnesty International had also addressed a letter to the Committee against Torture on recent development in asylum procedures.
During the G-8 Summit, the police had used excessive force against demonstrators, Mr. El-Masry said. Such excessive use of force was also observed in other instances against demonstrators. He also noted the use of police dogs against individuals and cited the case of a 14-year-old Kosovar against whom police had used dogs.
Mr. El-Masry also noted the death of two individuals who died during their repatriation operations in August 2001. With regard to the death of Mr. Kale Abuzarifa, who died during his repatriation operation in 2001, Mr. El-Masry said his death was attributed to asphyxiation by the police and the process to pay compensation had been delayed. With regard to the second person, Mr. Samson Chukwu, it was strange to learn that no criminal procedure against his death was opened, because police had invoked that the agents involved in the Nigerian death were not experienced and were not conscious of the consequences of their acts. The authorities should remedy the situation.
Other Committee Experts also raised questions. One Expert observed that 25 per cent of the report and the responses dealt with asylum cases, indicating that asylum was a big issue in Switzerland. The number of persons held at airports could attest that expulsion by air was a difficult task. He asked if the authorities consulted the Medical Association of Switzerland before using any injection against individuals subjected to forced removal.
Questions were also raised on issues pertaining, among other things, to expulsion of individuals to countries where internal conflict was still going on; the percentage of female prisoners; the existence of sexual violence in institutions for elderly or mentally deranged persons; and the handling of expulsions and the payment of compensation to victims.
* *** *
This press release is not an official record and is provided for public information only.
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