CAT/OP/CHE/ROSP/1 It has 20 places. In the case of level 4 repatriations by air, the persons concerned are transferred to the facility at Frambois. 120. The Frambois facility is a secure establishment for administrative detainees, managed by the Fondation romande de détention LMC, with a capacity of 20.40 121. In both facilities, 90 per cent of the detainees admitted had been transferred there on the basis of an order of administrative detention pending removal to their country of origin (including so-called “Dublin” returns41), after serving a prison sentence at Champ-Dollon Prison or a neighbouring establishment. (a) Safeguards 122. The Subcommittee notes that the Federal Supreme Court found detention to be illegal if no steps had been taken for more than two months to carry out a removal.42 In all cases, the maximum permitted length of detention for the purposes of organizing or carrying out a removal or deportation was 18 months (Federal Act No. 142.20, arts. 75 and 76). 123. Article 115 of Federal Act No. 142.20 provides for criminal penalties for illegal immigration, including fines and imprisonment. Migrants and failed asylum seekers who are arrested for the first time for the offence of illegal stay are required to leave the territory within a given time. If they fail to do so and are arrested again, they are sentenced to prison and ordered to leave the territory, and they are generally held in an administrative detention centre pending removal. The Subcommittee was informed, however, of situations in which, because administrative detention cannot exceed 18 months, detainees were released after that period, then stopped and detained during identity checks and again sentenced to prison, with the result that they risked cumulative detention under administrative and criminal law. 124. The Subcommittee wishes to receive clarification from the State party as to whether previous periods of detention under administrative or criminal law are taken into account when prison sentences are imposed. It also wishes to receive clarification from the State party concerning any measures taken to avoid cumulative detention. 125. The Subcommittee recalls that detention of migrants in an irregular situation should be a last resort. (b) Ill-treatment 126. (c) The delegation did not receive any allegations of ill-treatment. Physical conditions 127. While the secure facility at Favra was less modern than the Frambois facility, the physical conditions in the two establishments were satisfactory, with premises well maintained and properly cleaned. (d) Living arrangements 128. The delegation noted with satisfaction the open-door regime, the opportunities to receive visitors and make telephone calls, the existence of clear internal regulations translated into various languages, the varied activities available (including paid work) and the good relations between guards and detainees.43 129. At Favra, however, only one hour’s physical exercise per day was permitted, under the supervision of the guards, because the outside space was not sufficiently secure. 40 41 42 43 GE.21-03779 Lors de la visite du Sous-Comité, l’établissement accueillait 19 personnes. Ce cas se présente lorsqu’un requérant d’asile a déjà déposé une demande d’asile dans un autre pays européen, ou est entré illégalement dans cet État, donc dans l’espace Schengen. Ce premier pays d’arrivée est donc l’État responsable au titre de la Convention de Dublin. Voir Suisse, Tribunal fédéral, ATF 124 II 49. À Favra, trois détenus avaient fait l’objet d’une procédure pénale pour menaces de mort et agression. Aucune plainte à l’encontre du personnel n’avait été enregistrée. 17