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