CAT/OP/CHE/CSPRO/1
Cantons of Zurich, Vaud, Basel-Stadt, Basel-Landschaft and Zug have an ombudsman’s
office. Similarly, in the cities of Bern, Lucerne, St. Gallen, Rapperswil-Jona, Wallisellen,
Winterthur and Zurich, there are municipal ombudsman’s services.
V. Visits to places of deprivation of liberty
A.
Overview of the situation
45.
Paragraph 52: The Subcommittee reiterates that deprivation of liberty pending trial
should be a last resort, used only in exceptional circumstances and for limited periods, taking
account of the principles of necessity and proportionality.
46.
Switzerland takes note of the Subcommittee’s recommendation, while pointing out
that the Code of Criminal Procedure does not provide otherwise. Indeed, it is clear from
articles 197 (1) and 237 (1) of the Code that pretrial detention is to be used only when no
other measure is available. Furthermore, article 221 (1) provides that pretrial detention is
permitted only if certain conditions are met (if there is a risk of absconding, reoffending or
collusion) and if there is a strong suspicion that the accused has committed an ordinary or a
serious offence within the meaning of article 10 of the Criminal Code. It is therefore a
measure of last resort under Swiss law.
B.
1.
Police facilities
Allegations of ill-treatment
47.
Paragraph 55: The Subcommittee recommends that police officers and, first and
foremost, private guards carrying out, under contract, supervision-related tasks delegated by
the authorities, be firmly reminded to respect at all times the rights and dignity of the persons
deprived of liberty in their custody.
48.
According to information from the Canton of Zurich, persons detained in the Zurich
police prison are looked after mainly by security assistants assigned to a section of the prison,
sometimes aided by officers from the cantonal police. They receive regular training on how
to treat detainees properly and with respect. This subject is given a great deal of importance
in in-service and other training courses. It is made clear to private service providers,
especially when they are involved in transferring detainees between cantons, that the
treatment of detainees must be respectful and consistent with the law.
49.
The authorities of the Canton of Vaud report that police officers and employees of
private security companies are regularly reminded of the rights and dignity of persons
deprived of their liberty. The Vaud authorities will continue to issue such reminders and will
not tolerate any abuse.
50.
The authorities of the Canton of Geneva report that all instances of use of force by the
Geneva police are detailed under the appropriate heading in police reports and are
scrupulously monitored and analysed by the competent authorities to make sure that they are
legal. The results of these analyses are systematically forwarded to the office of the Geneva
chief of police. Police officers receive basic theoretical and practical training in the use of
force and in-service training is organized on a regular basis. As for the company Securitas,
whose activities are essentially limited to cantonal and inter-cantonal transfers and hospital
security, no complaints were reported to the commissioners’ department, which entrusts
various surveillance tasks to this company. Any instance of non-compliance observed by the
police would, depending on its seriousness, be reported to the hierarchy or referred to the
Inspectorate General of Services.
2.
Fundamental safeguards
51.
Paragraph 60: The Subcommittee recommends that all detained persons be duly
informed of their rights in a language they understand, be provided with interpretation
services, as needed, and be assigned a lawyer with whom they can communicate.
GE.21-03864
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