CAT/OP/CHE/CSPRO/1
had just one hour’s exercise per day. Those held in the area intended for criminal detention
were subjected to a closed-door regime. They were offered work (packing, helping in the
kitchen and carrying out various tasks within the prison).
102. For the authorities of the Canton of Bern, it is a priority to separate inmates subject to
different types of detention. The Canton established the necessary coordination mechanism,
in the form of the Central Office for the Coordination of Detention, in early 2019. The
separation of inmates subject to different types of detention in all regional prisons in the
Canton of Bern will create new options for the Bern regional prison, which will be able to
extend the hours during which cells are open and consequently reduce the duration of the
closed-door regime and increase the inmates’ freedom of movement.
103. Paragraph 112: In the prison at Zurich airport, administrative detainees, mainly
foreign nationals awaiting removal, enjoyed an open-door regime from 8 a.m. to 5 p.m. on
Mondays, Tuesdays, Thursdays and Fridays, but only from 9.30 a.m. to 11.30 a.m. and from
1.30 p.m. to 3.30 p.m. at weekends and on public holidays. On Wednesdays, the doors
remained closed. Only 60 work places were available, in the laundry, and were filled in
rotation. Inmates had access to a sports hall twice per week for one hour. No visitors could
be received at weekends or on public holidays.
104. At the airport prison, the unit for the enforcement of coercive measures under the law
on foreign nationals admits only persons subject to such measures. Persons in this unit do not
mix with inmates serving sentences, pretrial detainees or persons detained for security
reasons, who are held in a completely separate unit.
105. At the time of the Subcommittee’s visit, one floor of the administrative detention unit
was occupied by persons serving sentences because major alteration work was being carried
out in the sentence enforcement unit. However, persons subject to different forms of
detention were well separated (for example, convicted inmates took their exercise in the yard
of the sentence enforcement unit). The work in question was completed some time ago and
there are now separate buildings for the different forms of detention, as in the past.
106. As persons subject to different forms of detention are clearly separated, persons in
administrative detention under the law on foreign nationals enjoy a much more liberal regime
than other inmates. However, the authorities of the Canton of Zurich recognize that there is
room for further improvement and are giving serious consideration to the request to establish
a special facility for administrative detention. As a result, the Zurich Cantonal Council has
approved an implementation strategy that involves abolishing the sentence enforcement unit
and establishing a centre reserved exclusively for administrative detention. Using the Zurich
airport prison solely for administrative detention will increase the number of places available
for that purpose and make it possible to further liberalize and refine the detention regime.
The centre reserved exclusively for administrative detention under the law on foreign
nationals is expected to be completed in the first half of 2021.
107.
Paragraph 113: The Subcommittee reminds the State party that:
• Detention pending removal is a last resort and should be proportionate
• Persons subject to coercive measures under the law on foreign nationals should be
accommodated not in prisons but in centres designed specifically for that purpose
• Persons placed in administrative detention should not be subjected to restrictions that
are more encompassing than those warranted by their status. Article 81 (2) of the
Federal Act on Foreign Nationals and Integration states that persons placed in
administrative detention must not, as far as possible, be grouped with persons in
pretrial detention or persons incarcerated because they have committed a crime
108. With regard to the first point, the cantons are responsible for coercive measures
ordered under the law on foreign nationals. It is they who decide, on a case-by-case basis, on
the suitability, necessity and enforceability of the measures in question. When such decisions
are taken, detention must be considered a last resort and it must be proportionate. The
competent cantonal courts for coercive measures examine the lawfulness and appropriateness
of administrative detention under the law on foreign nationals, in accordance with articles 80
and 80a of the Federal Act on Foreign Nationals and Integration.
16
GE.21-03864
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