CAT/C/CHE/CO/6
Federal Office for Migration is in accordance with the State party’s international
obligations, particularly the Convention against Torture.
Conditions of detention
17.
The Committee takes note of information provided by the State party regarding its
efforts to create more dignified and more secure conditions for detainees, including the
construction in 2008 of the detention centre of La Brenaz, and plans to expand capacity at
the Champ Dollon and La Brenaz prisons. However, the Committee notes with concern the
acute overcrowding of the Champ Dollon prison, that conditions in Swiss prisons,
especially in the French-speaking cantons, are inadequate and that the separation of adults
and minors is not always guaranteed. Moreover, the Committee is concerned by the state of
health and access to decent health care of detainees, especially those with psychiatric
disorders and, above all, those housed in the Frambois holding centre (arts. 11 and 16).
The State party must act immediately to deal with the problem of overcrowding in the
Champ Dollon prison and to improve conditions in all Swiss prisons. The Committee
urges the State party to make use of alternative and non-custodial sentences and to
reduce pretrial detention periods. The State party must also take measures to ensure
that minors and adults, as well as detainees serving under different prison regimes,
are separated. Finally, it must take steps to ensure the application of legislation and
procedures concerning health-care access for all prisoners, especially those with
psychiatric problems.
18.
The Committee takes note of information supplied by the State party on life
imprisonment procedures. However, the Committee remains concerned that article 123a of
the Constitution, specified in the Act of 1 August 2008, allows imprisonment for life of
dangerous or sexual offenders considered to be non-reformable. The Committee is, in this
respect, concerned by the detention conditions of such prisoners, especially by the death of
Skander Vogt, held in a cell of the high security wing of Plaine de l’Orbe prison, after
setting fire to his cell (arts. 10, 12 and 13).
The State party should review the manner in which article 123a of the Constitution,
specified in the Act of 1 August 2008, is applied and the conditions in which such
prisoners are held. The State party should open a prompt and independent inquiry
into the death of Skander Vogt and inform the Committee of the inquiry’s outcome in
its next periodic report.
Complaints and prosecutions
19.
The Committee reiterates its concern that only a minority of complaints of violence
or mistreatment by the police result in prosecutions or charges being brought and that only
a few lead to compensation being offered to victims or their families (arts. 2, 12 and 13).
The State party must systematically conduct impartial, thorough and effective
inquiries into all allegations of violence committed by the police, and prosecute and
punish the perpetrators in proportion to the seriousness of their acts. It should also
ensure that victims or their families receive compensation. The State party should
inform the Committee of the outcome of current proceedings.
Violence against women
20.
The Committee notes that the Criminal Code addresses violence against women by
prosecuting the offences of violation of physical integrity and violation of liberty (art. 122
ff. and art. 180) and that it provides for automatic prosecution in the event of an attack on a
spouse or companion. It also notes that article 28b of the Civil Code contains further
protective measures. Nevertheless, the Committee remains concerned by reports indicating
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