A/65/44 However, the Committee remains concerned that the application of the initiative, if adopted by referendum, would seriously risk violating the principle of non-refoulement (art. 3). The State party must continue its efforts to ensure that the initiative on the expulsion of foreign criminals does not violate the international obligations that Switzerland has undertaken, especially the Convention against Torture, or article 25 of the Swiss Constitution on the principle of non-refoulement. (12) The Committee notes that provisions of the Federal Act on Foreign Nationals governing procedures for refusal of entry into the country at airports (art. 65) stipulate that a decision must be made within 48 hours, subject to an appeal without suspensive effect being filed within 48 hours of notification and a decision on the appeal being handed down within 72 hours. The Committee is concerned that this rapid procedure, without suspensive effect, could impede the proper examination of the motives of appeal and constitute a violation of the principle of non-refoulement (art. 3). The State party should consider modifying the procedure set out under article 65 of the Federal Act on Foreign Nationals with a view to providing more time for thorough consideration of appeals and an assessment of whether the principle of nonrefoulement is being violated, and to lending such appeals suspensive effect. (13) The Committee considers the Federal Act on Foreign Nationals of 2005, which applies stricter coercive measures (arts. 73–78) to foreigners without residence permits and extends the maximum period of administrative detention from 12 to 24 months, or 12 months for minors aged from 15 to 18, excessive. The Committee notes that, as a result of Switzerland adopting the European Union directive on the return of illegal immigrants, the maximum period of administrative detention will be 18 months for adults and 9 months for minors (art. 3). The State party should reconsider the maximum period of administrative detention, resort to it only in exceptional circumstances and limit its duration in light of the principle of proportionality. (14) While noting that asylum-seekers are entitled to free legal aid during the ordinary asylum procedure, the Committee remains concerned that free legal aid may be subject to restrictive conditions when asylum-seekers file an application under the extraordinary procedure (art. 3). The State party should review its legislation in order to grant free legal assistance to asylum-seekers during all asylum procedures, whether ordinary or extraordinary. Repatriation and mistreatment (15) While noting the steps taken by the State party to ensure the peaceful implementation of forcible repatriation by air, particularly the training of specialized officials, the Committee is concerned by persistent allegations of police violence and mistreatment when persons are forcibly returned by air. The Committee notes with concern that the Federal Act on the use of coercion and police measures in spheres within the jurisdiction of the Confederation, which entered into force on 1 January 2009, does not provide for the presence of human rights observers or independent physicians when forcible repatriation by air takes place, as the Committee had recommended (CAT/C/CR/34/CHE, para. 5 (b)) (arts. 2, 3 and 16). The State party must: (a) Ensure that human rights observers and independent physicians are present when persons are forcibly repatriated by air; GE.10-44721 123