CAT/OP/CHE/RONPM/1
27.
In Switzerland, the cantons are responsible for the enforcement of sentences, and each
of the 26 cantons has one or more places of deprivation of liberty. The documents provided
to the Subcommittee by the Federal Government prior to the visit indicate that there are more
than 400 places of deprivation of liberty throughout the country, including police stations,
prisons, centres for asylum seekers, psychiatric hospitals, educational and correctional
facilities for minors and young adults, and federal military establishments. 4
28.
Nevertheless, according to information provided by the National Commission for the
Prevention of Torture, there are in fact close to 700 places of deprivation of liberty in total
when all places meeting the criteria set forth in article 4 of the Optional Protocol are included
– that is, in addition to the country’s approximately 100 penitentiary and detention facilities.
At the current average rate of 15 visits per year, it is not possible to conduct sufficiently
regular visits to each place of deprivation of liberty in the State party, with the result that the
effectiveness of the national preventive mechanism is diminished, bearing in mind the
mandate set out in article 19 of the Optional Protocol, namely, to regularly examine the
situation of persons deprived of their liberty in places of detention as defined in article 4 of
the Optional Protocol.
29.
The Subcommittee is concerned about the lack of financial resources allocated to the
National Commission for the Prevention of Torture, which constitutes a major obstacle to its
effective and efficient operation, as demonstrated by the low number of visits conducted in
relation to the number of places of deprivation of liberty.
30.
In its report to the State party, the Subcommittee highlighted the chronic shortage of
resources and stressed that the State party must provide the national preventive mechanism
with sufficient financial resources to create the preconditions necessary for its effective
operation and to enable it to fulfil its obligations under the Optional Protocol.
31.
The Subcommittee recommends that the National Commission for the
Prevention of Torture provide the State party with a budget forecast that is sufficient
to enable it to carry out its mandate, in terms of visiting an adequate number of places
of deprivation of liberty and also in terms of being able to enlist, as needed, the services
of external experts, interpreters working into various languages and other persons or
services that would enable it to carry out its mandate.
32.
The Subcommittee also recommends that the National Commission for the
Prevention of Torture stress to the State party the need to increase the Commission’s
financial resources, describing in a transparent and concrete manner the tasks that
have not been accomplished and the work that could be completed if its resources were
increased.
Members of the National Commission for the Prevention of Torture
33.
The Subcommittee is concerned that the 12 members of the National Commission for
the Prevention of Torture perform their duties on a part-time basis and without remuneration,
even though this work falls under the State party’s tradition of part-time public service
(milice), which is an integral part of the custom of participation that is practised in a range of
fields, including the political and social spheres.
34.
The Subcommittee noted that, despite the commendable efforts of the members of the
National Commission for the Prevention of Torture and their commitment to preventing
torture, there is a de facto limit on their availability, which hampers their ability to carry out
their mandate properly, particularly with regard to the number, duration and regularity of
visits.
35.
The Subcommittee recommends that the National Commission for the
Prevention of Torture invite the State party to review the working conditions of the
Commission’s members to enable them to devote themselves fully to its activities,
4
6
peines ou traitements cruels, inhumains ou dégradants, document FF 2007 261, sect. 1.4.2, p. 267.
Available at https://www.admin.ch/opc/fr/federal-gazette/2007/261.pdf.
An exhaustive list of all places of deprivation of liberty was provided by the Government of
Switzerland during the preparatory stage of the Subcommittee’s visit.
GE.21-03810