Independence of National Preventive Mechanisms (NPMs)
maintains custodial arrest cells at the Federal Criminal Court in Bellinzona62 and is also responsible for the enforcement of custodial
arrest orders in the military services63. The Federal Office of Police,
which is attached to the FDJP operates the Confederation’s interrogation centre,64 where detainees from throughout Switzerland are
brought for interrogation and where security measures and other
police interventions may be ordered.65
For the operation of reception and processing centres, where
limitations are imposed on the freedom of movement of asylum-seekers, responsibility lies with the State Secretariat for Migration
(SEM) which is attached to the FDJP. This includes the centres for
detention of the recalcitrant asylum – seekers to be constructed
under the new Asylum Act.66
The Federal Office of Justice (FOJ) exercises direct influence over
facilities for the deprivation of liberty even when they are not directly operated by the Confederation. Through the funding contributions for the construction, renovation and extension of facilities for
the enforcement of correctional and administrative measures
against adults, young adults, children and juveniles, the FOJ has an
influence on the material conditions of detention in those facilities.67 The Confederation also grants funding for the operation of
reform schools and facilities for the enforcement of administrative
measures against young adults and regularly monitors those facilities to verify implementation of policy guidelines. The FOJ is thus
also closely involved in the drafting of the policy framework, giving
it substantial influence on detention procedures in this area. The
FOJ also provides funding for the construction and equipping of
facilities Foreign Nationals Act. In addition, through funding contri-
See the Federal Council Dispatch on Federal Department of Finance (FDF) Properties for the year 2009 [Botschaft über die
Immobilien des EFD für das Jahr 2009 (Immobilienbotschaft EFD 2009)], of 29 May 2009, Federal Gazette 2009, pp. 4294
and 4299f.
62
Enforcement of disciplinary custodial arrest orders within the military pursuant to Art. 191 of the Military Criminal Code.
63
Organisational Ordinance of the Federal Department of Justice and Police [Organisationsverordnung für das
Eidgenössische Justiz- und Polizeidepartement (OVEJPD)] of 17 November 1999 (SR 172.213.1), Art. 10, para. 1 (f).
64
As described on the FDJP website, see: https://www.fedpol.admin.ch/fedpol/en/home/ueberuns/organisation/
bundessicherheitsdienst.html (consulted 17 July 2017).
65
Cf. Asylum Act (AsylA) of 26 June 1988 (SR 142.31) Art. 26, para. 1bis.
66
Federal Act of 5 October 1984 on Confederation Funding for Enforcement of Correctional and Administrative Measures
[Bundesgesetz über die Leistungen des Bundes für den Straf- und Massnahmenvollzug vom 5. Oktober 1984] (SR 341).
67
Activity Report NCPT 2017
41
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