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COMMITTEE AGAINST TORTURE HEARS RESPONSE OF SWITZERLAND
09 May 2005
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Committee against Torture
AFTERNOON 9 May 2005
The Committee against Torture this afternoon heard the response of Switzerland to questions raised by Committee Experts on how that country was implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to questions raised by the Committee Experts on Friday, 6 May, the delegation said that during the period under consideration, between 1999 and 2000, there had been no decisions taken in violation of the principles of the Convention concerning the extradition of persons. When an extradition was requested, the human rights of the individual to be extradited were respected.
With regard to solitary confinement, the delegation said the total isolation of a detainee did not exist in Switzerland. Such a measure contravened not only the provisions of the Federal Constitution but also the principles of the European Convention on Human Rights, which was part of Swiss domestic law.
On the question of monitoring sexual aggression in prisons, the delegation said that in all Swiss prison facilities, there was no procedure or structure to monitor sexual abuse. However, in all activities where inmates were involved, prison guards were present and the prison facilities were easily monitored.
Concerning bodily searches of persons of African origin in public places, the delegation said Switzerland had responded to the report of the European Committee against Racism and Intolerance on this issue. All procedures were based on legal provisions and no arbitrary measures were taken concerning Black asylum seekers.
Asked whether the authorities were envisaging bringing to an end the use of devices which gave electric shocks, the delegation said there was a draft bill proposed by the Federal Council on the issue, which had been sent for consultation to the cantons.
The Committee will release its conclusions and recommendations on the fourth periodic report of Switzerland towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture, Switzerland is obligated to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Tuesday, 10 May, it will begin its consideration of the initial report of Albania.
Response of Switzerland
Responding to questions raised by the Committee Experts on Friday, 6 May, the delegation said that during the period under consideration, between 1999 and 2000, there had been no decisions taken in violation of the principles of the Convention with regards to extraditions. When an extradition was requested, the human rights of the individual to be extradited were respected. In addition, adequate guarantees were required from the requesting country as to the respect of the human rights of the person.
With regard to solitary confinement, the delegation said total isolation of a detainee did not exist in Switzerland. Such a measure contravened not only the provisions of the Federal Constitution but also the principles of the European Convention on Human Rights, which was part of Swiss domestic law. For that reason, there were no statistics on the number of cases of solitary confinement. However, the law allowed, in exceptional cases, restraining the right to movement of an individual as well as contact with other inmates. Access to a lawyer was guaranteed in all cases.
The Zurich canton had a prison in which a division provided service only to women. It was completely separated from the rest of the facilities, the delegation said. The idea of building a separate prison for women had been abandoned because it was felt that there would not be an adequate number of occupants. At only 7.6 per cent, the proportion of female detainees was slightly superior to the national average of 6.2 per cent, but it did not justify the building of a prison exclusively for women.
As for the question of monitoring sexual aggression in prisons, the delegation said in all Swiss prison facilities, there was no procedure or structure to monitor sexual abuse. However, in all activities where inmates were involved, prison guards were present. Since the facilities were easily monitored, it was not found to be necessary to take further measures of monitoring.
On the question of body searches of persons of African origin in public places, the delegation said Switzerland had responded to the report of the European Committee against Racism and Intolerance on this issue. All procedures were based on legal provisions and no arbitrary measures were taken targeting Black asylum seekers. The acts of the functionaries were registered and monitored. The issues of xenophobia, racism and police violence were systematically taken into account in the training of police officers. The United Nations Special Rapporteur against racism had also made similar remarks against Switzerland concerning bodily searches of Black persons. Switzerland had provided answers to the Rapporteur's concerns.
Concerning the removal of individuals by air, the delegation said at least 10 cantons had been increasing their efficiency by training new collaborators within the context of general security. Special training was being provided to personnel involved in removal procedures. With regard to the sedatives used to in order to calm the individual to be extradited, the delegation said the substance could vary from case to case. In any case, a medical examination was carried out before such sedatives were used.
All foreign citizens detained in Switzerland were informed of their right to contact their respective consular representatives, in application of the Vienna Convention, the delegation said. If an individual desired that his consular office be informed about his or her detention, the authorities would immediately do so.
In response to a question on whether individuals whose request for asylum had been rejected at the airport or whether those who would be subjected to extradition benefited from the right to movement in the transit area of the airport, the delegation said that if a request for asylum was made at the airport, the individual should receive a response within 15 days on whether or not he would be allowed to enter. Past that period, the individual could enter the territory and pursue his or her request for asylum. In the event that his entry was refused, the individual could still lodge an appeal with the authorities and remain in the transit zone of the airport, where his or her movements were not restricted. The individual was provided with food and accommodation.
Asked if Switzerland requested guarantees from the country of origin of the individual in the case of expulsion of an asylum seeker, the delegation said such issues could only be raised in the case of extradition. No information was provided by the State of the asylum seeker in the event of his expulsion.
With regard to police misconduct, the delegation said the number of complaints against police had increased. In the last ten years, the increased complaints were related to police handling of demonstrations and demonstrators in which police used force. On the other hand, a simple identity check by police some times ended up in complaints by individuals even in the absence of violence.
Responding to a question on why an independent body was not monitoring police attitude, the delegation said so far there was no Federal mechanism to monitor complaints against police; however, there was a tendency towards the creation of an internal inquiry mechanism.
Asked whether the authorities were envisaging bringing to an end the use of devices which produced electric shocks, the delegation said there was a draft bill proposed by the Federal Council on the issue, which had been sent for consultation to the cantons.
* *** *
This press release is not an official record and is provided for public information only.
AFTERNOON 9 May 2005
The Committee against Torture this afternoon heard the response of Switzerland to questions raised by Committee Experts on how that country was implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to questions raised by the Committee Experts on Friday, 6 May, the delegation said that during the period under consideration, between 1999 and 2000, there had been no decisions taken in violation of the principles of the Convention concerning the extradition of persons. When an extradition was requested, the human rights of the individual to be extradited were respected.
With regard to solitary confinement, the delegation said the total isolation of a detainee did not exist in Switzerland. Such a measure contravened not only the provisions of the Federal Constitution but also the principles of the European Convention on Human Rights, which was part of Swiss domestic law.
On the question of monitoring sexual aggression in prisons, the delegation said that in all Swiss prison facilities, there was no procedure or structure to monitor sexual abuse. However, in all activities where inmates were involved, prison guards were present and the prison facilities were easily monitored.
Concerning bodily searches of persons of African origin in public places, the delegation said Switzerland had responded to the report of the European Committee against Racism and Intolerance on this issue. All procedures were based on legal provisions and no arbitrary measures were taken concerning Black asylum seekers.
Asked whether the authorities were envisaging bringing to an end the use of devices which gave electric shocks, the delegation said there was a draft bill proposed by the Federal Council on the issue, which had been sent for consultation to the cantons.
The Committee will release its conclusions and recommendations on the fourth periodic report of Switzerland towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture, Switzerland is obligated to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Tuesday, 10 May, it will begin its consideration of the initial report of Albania.
Response of Switzerland
Responding to questions raised by the Committee Experts on Friday, 6 May, the delegation said that during the period under consideration, between 1999 and 2000, there had been no decisions taken in violation of the principles of the Convention with regards to extraditions. When an extradition was requested, the human rights of the individual to be extradited were respected. In addition, adequate guarantees were required from the requesting country as to the respect of the human rights of the person.
With regard to solitary confinement, the delegation said total isolation of a detainee did not exist in Switzerland. Such a measure contravened not only the provisions of the Federal Constitution but also the principles of the European Convention on Human Rights, which was part of Swiss domestic law. For that reason, there were no statistics on the number of cases of solitary confinement. However, the law allowed, in exceptional cases, restraining the right to movement of an individual as well as contact with other inmates. Access to a lawyer was guaranteed in all cases.
The Zurich canton had a prison in which a division provided service only to women. It was completely separated from the rest of the facilities, the delegation said. The idea of building a separate prison for women had been abandoned because it was felt that there would not be an adequate number of occupants. At only 7.6 per cent, the proportion of female detainees was slightly superior to the national average of 6.2 per cent, but it did not justify the building of a prison exclusively for women.
As for the question of monitoring sexual aggression in prisons, the delegation said in all Swiss prison facilities, there was no procedure or structure to monitor sexual abuse. However, in all activities where inmates were involved, prison guards were present. Since the facilities were easily monitored, it was not found to be necessary to take further measures of monitoring.
On the question of body searches of persons of African origin in public places, the delegation said Switzerland had responded to the report of the European Committee against Racism and Intolerance on this issue. All procedures were based on legal provisions and no arbitrary measures were taken targeting Black asylum seekers. The acts of the functionaries were registered and monitored. The issues of xenophobia, racism and police violence were systematically taken into account in the training of police officers. The United Nations Special Rapporteur against racism had also made similar remarks against Switzerland concerning bodily searches of Black persons. Switzerland had provided answers to the Rapporteur's concerns.
Concerning the removal of individuals by air, the delegation said at least 10 cantons had been increasing their efficiency by training new collaborators within the context of general security. Special training was being provided to personnel involved in removal procedures. With regard to the sedatives used to in order to calm the individual to be extradited, the delegation said the substance could vary from case to case. In any case, a medical examination was carried out before such sedatives were used.
All foreign citizens detained in Switzerland were informed of their right to contact their respective consular representatives, in application of the Vienna Convention, the delegation said. If an individual desired that his consular office be informed about his or her detention, the authorities would immediately do so.
In response to a question on whether individuals whose request for asylum had been rejected at the airport or whether those who would be subjected to extradition benefited from the right to movement in the transit area of the airport, the delegation said that if a request for asylum was made at the airport, the individual should receive a response within 15 days on whether or not he would be allowed to enter. Past that period, the individual could enter the territory and pursue his or her request for asylum. In the event that his entry was refused, the individual could still lodge an appeal with the authorities and remain in the transit zone of the airport, where his or her movements were not restricted. The individual was provided with food and accommodation.
Asked if Switzerland requested guarantees from the country of origin of the individual in the case of expulsion of an asylum seeker, the delegation said such issues could only be raised in the case of extradition. No information was provided by the State of the asylum seeker in the event of his expulsion.
With regard to police misconduct, the delegation said the number of complaints against police had increased. In the last ten years, the increased complaints were related to police handling of demonstrations and demonstrators in which police used force. On the other hand, a simple identity check by police some times ended up in complaints by individuals even in the absence of violence.
Responding to a question on why an independent body was not monitoring police attitude, the delegation said so far there was no Federal mechanism to monitor complaints against police; however, there was a tendency towards the creation of an internal inquiry mechanism.
Asked whether the authorities were envisaging bringing to an end the use of devices which produced electric shocks, the delegation said there was a draft bill proposed by the Federal Council on the issue, which had been sent for consultation to the cantons.
* *** *
This press release is not an official record and is provided for public information only.
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