CAT/OP/CHE/CSPRO/1
109. With regard to the second and third points, article 81 (2) of the Federal Act on Foreign
Nationals and Integration was amended on 1 June 2019 and now provides that detention is to
take place in a facility for administrative detention under the law on foreign nationals. In
those exceptional cases where this is not possible, for example, for reasons of capacity,
foreign nationals must be held separately from pretrial detainees or persons serving a
sentence. Article 82 (1) of the Federal Act on Foreign Nationals and Integration provides that
the Confederation may finance all or part of the construction and alteration of cantonal
detention facilities, provided that they are used exclusively for the enforcement of
administrative measures under the law on foreign nationals.
3.
Health care in prisons
110.
Paragraph 119: The Subcommittee recommends that:
• A register of bodily injuries and allegations of violence is kept to facilitate systematic
analysis of the phenomenon
• Medication is distributed by medical personnel, as far as possible
• Individualized treatment and psychosocial rehabilitation plans are drawn up for
inmates suffering from mental disorders, particularly those placed in solitary
confinement
111. With regard to registers, practices may vary from canton to canton, as already stated
in paragraphs 99 and 100. Generally speaking, if an allegation of ill-treatment or violence is
made, the inmate concerned may undergo a medical examination, the results of which will
be documented. If an act of violence is found to have occurred, a complaint will be made.
112. With regard to the distribution of medication, the Federal Council refers to its reply
to the recommendation contained in paragraph 81 of the Subcommittee’s report.
113. A criminal penalty enforcement plan (Criminal Code, arts. 75 (3) and 90 (2)) is drawn
up for each prisoner, including persons suffering from mental disorders, whether they are
serving a sentence or are subject to a measure of some kind or if they have been placed in
solitary confinement. Plans are drawn up in collaboration with the person concerned and
cover a number of points related to the enforcement of the penalty, including assistance,
therapeutic care, training opportunities and preparation for release. Such plans also set out
the objectives of and conditions applicable to the different stages as the detention regime is
gradually relaxed ahead of the prisoner’s release. Plans are adapted on a regular basis in
accordance with the person’s progress. In addition, the Criminal Code provides that the
situation of persons sentenced to inpatient therapeutic measures or indefinite detention (arts.
59, 60, 61, 63 and 64) must be assessed at least once a year to determine whether they are
eligible for conditional release or the lifting of the measures (arts. 62d (1), 63a (1) and 64b
(1)). Criminal penalty enforcement plans and assessments to determine eligibility for
conditional release or the lifting of measures allow for changes in inmates to be taken into
account.
4.
Administrative detention facilities (migrant detention centres): Frambois facility
(Concordat) and Favra secure facility (Canton of Geneva)
Safeguards
114. Paragraph 125: The Subcommittee wishes to receive clarification from the State party
as to whether previous periods of detention under administrative or criminal law are taken
into account when prison sentences are imposed. It also wishes to receive clarification from
the State party concerning any measures taken to avoid cumulative detention.
115. The maximum duration of administrative detention under the law on foreign nationals
is six months, pursuant to article 79 (1) of the Federal Act on Foreign Nationals and
Integration. Article 79 (2) of the Act provides that this period may be extended by up to 12
months under certain conditions and with the agreement of the cantonal judicial authority
GE.21-03864
17
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