CAT/OP/CHE/CSPRO/1 5. Forcible returns 128. Paragraph 140: Level 4 returns (charter flights) are monitored by the National Commission for the Prevention of Torture. In the Subcommittee’s view, this is a good practice that should be maintained. 129. The Federal Council agrees that the monitoring of returns under the law on foreign nationals by the National Commission for the Prevention of Torture and the dialogue between the authorities and the Commission on this subject help greatly to ensure that forced repatriations are carried out in the best possible conditions. In its last public report, dated July 2020, the Commission attested to the professional and respectful behaviour of the executing authorities towards persons being repatriated. 130. Paragraphs 141 and 142: With regard to level 3 returns (forcible returns on scheduled flights), which are not monitored by the Commission, the delegation received several allegations of disproportionate use of force and restraint, particularly involving chains that were too tight, attached at the back, and a technique whereby strong pressure is applied to the Adam’s apple of the person being returned to prevent him or her from crying out. It was claimed that individuals were more likely to be subjected to the technique if there had been previous failed attempts to remove them. 131. The Subcommittee considers that the practices reported in connection with level 3 returns, if confirmed, are unacceptable and could amount to ill-treatment. 132. The Federal Council notes that, under article 28 of the Ordinance on the Use of Police Control and Restraint Techniques and Police Measures under Federal Jurisdiction, 24 the means of restraint that may be used during level 3 returns are the same as for level 4 returns (charter flights). The use of restraint in the context of returns on scheduled flights under police escort always depends on the behaviour of the persons being repatriated and the specific circumstances. All techniques that are seriously harmful to the health of the persons concerned, especially those that obstruct their breathing, are prohibited. 133. Paragraph 143: The Subcommittee recommends that the State party consider the monitoring of level 3 returns by observers such as the National Commission for the Prevention of Torture. 134. In October 2019, the National Commission for the Prevention of Torture decided to extend its monitoring to include some returns on scheduled flights under police escort. It intends to focus on transport between cantonal facilities and the airport and organization on the ground at the airport. The Subcommittee’s recommendation has therefore already been implemented. 6. Federal asylum centres 135. Paragraph 146: The Subcommittee does not deem it appropriate to give an opinion here as to whether stays in such centres constitute a restriction of freedom of movement, or deprivation of liberty, within the meaning of article 4 (2) of the Optional Protocol. It emphasizes, however, that asylum seekers cannot be accommodated in conditions akin to detention and recommends that the asylum centres be visited periodically by independent mechanisms, including the National Commission for the Prevention of Torture. 136. In order for the asylum procedure to be carried out quickly and fairly, it is essential that asylum seekers are available to the authorities for the various stages of the procedure (such as hearings, for example) throughout their stay in federal asylum centres. These centres are not closed institutions and staying in such a centre does not involve deprivation of liberty. If the presence of asylum seekers is not required for procedural reasons, they are allowed to leave the centres during certain hours (Federal Department of Justice and Police Ordinance on the Running of Federal Centres and Accommodation in Airports, art. 17). 25 These hours must be regulated in order to ensure peaceful cohabitation in the centres and in the communes where they are located. The hours are agreed upon by the parties involved, namely the 24 25 20 RS 364.3. RS 142.311.23. GE.21-03864