CAT/OP/CHE/RONPM/1
11.
The Subcommittee draws the attention of the national preventive mechanism to the
Special Fund established under article 26 of the Optional Protocol to the Convention. Only
recommendations contained in those Subcommittee visit reports that have been made public
can form the basis of applications to the Fund, in accordance with its published criteria.
12.
The Subcommittee wishes to express its gratitude to the Swiss authorities and to the
National Commission for the Prevention of Torture for their help and assistance relating to
the planning and undertaking of the visit, in particular Sandra Imhof, the point of contact
within the Commission for the Subcommittee’s visit.
II. National preventive mechanism
13.
Federal Act No. 150.1 of 20 March 2009 on the Commission for the Prevention of
Torture, which entered into force on 1 January 2010, established the National Commission
for the Prevention of Torture, designated it the national preventive mechanism for
Switzerland and gave it jurisdiction over the entire territory of the State party.
14.
The members of the National Commission for the Prevention of Torture are nominated
by the Federal Department of Justice and Police and the Federal Department of Foreign
Affairs, and appointed by the Federal Council. Non-governmental organizations can propose
candidates to the federal departments in question. The Commission was established as a body
with administrative links to the Federal Department of Justice and Police.
15.
The National Commission for the Prevention of Torture is composed of 12 members,
who are experts in fields related to deprivation of liberty, human rights and medicine,
including psychiatry. They work part-time and are unpaid. Members of the Commission serve
for a four-year term, renewable twice. The Commission has a permanent secretariat
consisting of a full-time secretary, four part-time staff and an intern. Taken together, these
equate to 3.7 full-time positions.1
16.
In addition, the National Commission for the Prevention of Torture has a team of nine
observers who are responsible for the regular monitoring of forced repatriations by air,
including airport transfers carried out by the police under the country’s law on foreign
nationals.
17.
In accordance with the law, the National Commission for the Prevention of Torture
regularly examines the situation of persons deprived of their liberty, visits the places where
such persons are or may be found and makes recommendations to the competent authorities
with the aim of improving the treatment and situation of such persons and preventing torture
and other cruel, inhuman or degrading treatment or punishment. The Commission also
submits proposals and comments on relevant existing laws and bills, including Federal Act
No. 150.1.
18.
The National Commission for the Prevention of Torture issues reports and makes
recommendations to the federal and cantonal authorities after each visit. The
recommendations contained in its reports are also examined by the relevant departments,
including the Federal Department of Justice and Police. According to the Commission, its
recommendations are generally well received by the authorities, and the majority of them are
put into effect.
1
4
Switzerland, National Commission for the Prevention of Torture, Secretariat, updated 30 April 2020.
Available at https://www.nkvf.admin.ch/nkvf/fr/home/die-nkvf/geschaeftsstelle.html.
GE.21-03810