Monitoring activities
2.1 Overview of monitoring activities
The Commission decided to temporarily postpone its initially
scheduled visits in March to detention facilities. As described in the
previous section, the Commission devoted its attention primarily to
inspection of health care provision in detention facilities, indefinite
incarceration conditions and federal asylum centres, starting in July.
Despite this self-imposed short-term restriction, the Commission conducted a total of 19 visits to various detention facilities
and, in this context, reviewed the implementation of the relevant
provisions of criminal procedure law, criminal law, civil law as well
as legislation on asylum and foreign nationals. It is worth mentioning here that despite the difficult epidemiological situation and the
protective measures taken by the facilities, the Commission was
able to carry out all the planned inspection visits without any hindrances. The Commission would like to thank the management of
the institutions visited for their cooperation during this extraordinary period.
The Commission accompanied a total of 19 forced return flights
at enforcement level 47 as well as 25 airport transfers under police
escort8 of returnees from 14 different cantons. Of these, six returns9 were carried under the terms of the Dublin Association
Agreement (DAA). The Commission also accompanied a special
flight for voluntary returnees.
The Commission observed 17 police-escorted returns (at enforcement level 2 and 3) on scheduled flights, the respective transport from the canton to the airport, as well as organisational measures taken at the airport. The Commission’s aim was to gain a
clearer picture of coercive measures applied to enforcement levels
2 and 3 pursuant to Article 28 let. b and c of the Use of Force Ordinance (UFO). In four cases, the Commission requested written
Art. 28 para. 1 of Ordinance of 12 November 2008 on the Use of Police Control and Restraint Techniques and Police
Measures under Federal Jurisdiction (Use of Force Ordinance, UFO) of 12 November 2008, SR 364.3.
Arrangements made to pick-up of one or more persons at their places of stay and accompany them to the airport.
9
Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for
establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland of 26
October 2004, SR 0.142.392.68. These returns are carried out on the basis of Art. 64a of the Federal Act of 16 December
2006 on Foreign Nationals and Integration (FNIA), SR 142.20.
7
8
10
Activity report NCPT 2020
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