CAT/OP/CHE/ROSP/1 140. 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. 141. The Subcommittee considers that the practices reported in connection with level 3 returns, if confirmed, are unacceptable and could amount to ill-treatment. 142. 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. 6. Federal asylum centres 143. The Subcommittee takes note of the recent changes ushered in by the new Asylum Act, No. 142.31, which entered into force on 1 March 2019 and provides for the establishment of federal asylum centres in six regions, along with new standards of accommodation. 144. The Subcommittee visited only one federal asylum centre, known as “Aile nord aéroport” and situated in the transit centre at the airport in Geneva, where just one asylum seeker was being accommodated. No comment is called for regarding the physical conditions, which were of high quality. Asylum seekers could not, however, move freely around the transit areas in the airport. 145. 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. 50 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. VI. Therapeutic measures and indefinite detention A. Legal framework 146. Under article 59 (1) of the Criminal Code, a judge may order a person who has committed a serious or ordinary offence to undergo inpatient mental health treatment if he or she is suffering from a severe mental disorder, the offence is linked to this disorder and the treatment can be expected to prevent the commission of further such offences. 147. Therapeutic measures are ordered by a judge on the basis of a psychiatric evaluation determining the need for treatment, the chances of success and the likelihood of reoffending, as set out in article 56 (3) of the Criminal Code. 148. In accordance with article 59 of the Criminal Code, treatment must be provided in an appropriate psychiatric facility or a therapeutic institution for convicted prisoners, or in a prison provided that the necessary treatment is administered by qualified personnel. 50 GE.21-03779 et recommandations dans un rapport de synthèse annuel adressé aux autorités responsables de l’exécution des renvois. L’établissement concordataire de Frambois accueille des détenus sujets à des renvois de niveau 4, et l’établissement fermé de Favra, à des renvois de niveau 3. Voir Suisse, Commission fédérale contre le racisme, « Requérants d’asile dans l’espace public – Avis de droit établi sur mandat de la Commission fédérale contre le racisme », février 2017. 19