CAT/OP/CHE/ROSP/1 Agreement (Concordat) on the enforcement of sentences of deprivation of liberty and other measures in respect of adults and young adults in the French- and Italian-speaking (“Latin”) cantons, in 2019 there were 2,788 prisoners as against 2,582 detention places, making for an occupancy rate of 108 per cent. Out of a total of 6,943 prisoners in Switzerland, 3,549 were serving sentences, 295 were subject to coercive measures pursuant to Federal Act No. 142.20 on Foreign Nationals and Integration, and 1,867 were in pretrial detention (27 per cent). The Cantons of Geneva, Zurich, Vaud and Bern alone accounted for more than half of all pretrial detentions. 50. The Subcommittee reiterates that deprivation of liberty pending trial should be a last resort,9 used only in exceptional circumstances and for limited periods, taking account of the principles of necessity and proportionality. B. Police facilities 1. Allegations of ill-treatment 51. No allegations of ill-treatment during police custody were received by the Subcommittee. However, some of the persons it met complained of excessive use of force at the time of arrest and of harsh conditions during transport, including handcuffs that were too tight. 52. In certain police stations, some tasks related to supervision were delegated to private security guards. Some detainees claimed that those guards had verbally abused them. 53. 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 (see also section VII). 2. Fundamental safeguards 54. Although criminal procedure has been under federal jurisdiction since 2011, the Subcommittee noted disparities in its application at the level of the cantons, and even from one police station to another, particularly where information on rights and contact with family members was concerned. 55. Certain persons complained that they had been unable to contact their families or speak to a lawyer while in police custody. 56. The police station in Zurich10 had 135 detention places, mainly for persons in police custody but also for persons in pretrial detention, persons held temporarily pending a hearing, persons serving day-fine sentences, sentenced prisoners held pending transfer and foreign nationals awaiting removal.11 57. Foreign detainees complained of a lack of information about their situation and rights in a language they understood. 58. 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. 59. At the police station on Boulevard Carl-Vogt in Geneva, information on rights was provided from the start of the interrogation, along with access to legal safeguards. Thus, 9 10 11 GE.21-03779 Voir CAT/C/54/2, par. 83 et suiv. ; et Règles minima des Nations Unies pour l’élaboration de mesures non privatives de liberté (Règles de Tokyo). Kantonal Polizeigefängnis. Un étage était réservé à la détention administrative, mais le personnel a reconnu que, ne connaissant pas toujours immédiatement la raison de l’incarcération, les détenus pouvaient être provisoirement placés hors de la zone réservée. La durée moyenne de séjour était de trois jours, mais pouvait aller jusqu’à sept jours. 9

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