CAT/OP/CHE/RONPM/1
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Subcommittee
on Prevention of Torture carried out its first visit to Switzerland from 27 January to 7
February 2019. Switzerland ratified the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment on 2 December 1986, and the Optional
Protocol on 24 September 2009.
2.
The Subcommittee members conducting the visit were: Catherine Paulet (head of
delegation), Satyabhooshun Gupt Domah, Gnambi Garba Kodjo, Petros Michaelides,
Abdallah Ounnir and Haimoud Ramdan. The Subcommittee was assisted by three Human
Rights Officers from the Office of the United Nations High Commissioner for Human Rights
(OHCHR) and four interpreters.
3.
The principal objectives of the visit were:
(a)
to visit a range of places of deprivation of liberty in order to assist the State
party in fully implementing its obligations under the Optional Protocol, particularly the
obligation to strengthen the protection of persons deprived of their liberty from the risk of
torture and ill-treatment; and
(b)
to provide advice and technical assistance to the national preventive
mechanism of Switzerland, namely, the National Commission for the Prevention of Torture,
and to consider the extent to which the national and cantonal authorities are supporting its
work and responding to its recommendations, taking account of the Subcommittee’s
guidelines on national preventive mechanisms (CAT/OP/12/5).
4.
The Subcommittee held meetings with those persons listed in annex I and visited the
places of deprivation of liberty listed in annex II, interviewing persons deprived of their
liberty, law enforcement and detention officers, medical personnel and others. Meetings were
held with members of the national preventive mechanism, which permitted the Subcommittee
to examine the mechanism’s mandate and working methods and to consider how best to
improve its effectiveness. In order to better understand how the national preventive
mechanism works in practice, the Subcommittee’s delegation also visited, together with
members of the mechanism, a place of deprivation of liberty chosen by the latter (see annex
III). That visit was led by a representative of the national preventive mechanism, with the
members of the Subcommittee as observers.
5.
At the end of the visit, the delegation presented its confidential preliminary
observations orally to government authorities and officials and the national preventive
mechanism.
6.
In the present report, the Subcommittee addresses to the national preventive
mechanism its observations and recommendations relevant to the prevention of torture and
ill-treatment of persons deprived of their liberty in Switzerland.
7.
The Subcommittee reserves the right to make further comments, whether or not these
are mentioned in the present report, in its discussions with the national preventive mechanism
arising from the report. The absence of any comment in the present report relating to a facility
or place of deprivation of liberty visited by the Subcommittee does not imply that it has a
positive or negative opinion of it.
8.
The Subcommittee recommends that the present report be distributed to all relevant
authorities, departments and institutions, including but not limited to those to which it
specifically refers.
9.
The present report will remain confidential until such time as the national preventive
mechanism decides to make it public in accordance with article 16 (2) of the Optional
Protocol. The Subcommittee believes that the publication of the present report would
contribute to the prevention of torture and ill-treatment in Switzerland.
10.
The Subcommittee recommends that the national preventive mechanism request the
publication of the present report in accordance with article 16 (2) of the Optional Protocol.
GE.21-03810
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