CAT/C/CHE/CO/6
The State party should take the necessary steps to ensure that the authorities of all the
cantons are aware of the rights stipulated in the Convention, and that they implement
them as soon as possible, regardless of the structure of the State party.
7.
The Committee notes with concern that the State party has not yet established a
national human rights institution, with broad competence in the area of human rights, in
accordance with the Paris Principles. The Committee notes the State party’s initiative to
carry out a five-year pilot project aimed at creating a “human rights centre” through a call
for tenders to universities, but considers that this is no substitute for establishing a national
human rights institution (art. 2).
The State party should consider establishing a national human rights institution, with
broad competence in the area of human rights and equipped to play a role in the
coordination and implementation of human rights policies and the implementation of
recommendations by treaty bodies, and providing it with the necessary financial and
human resources to enable it to work in accordance with the Paris Principles (General
Assembly resolution 48/134).
Police violence
8.
The Committee is concerned by allegations of violence or the excessive use of force
or other mistreatment by the police during the questioning of suspects in their homes or in
police stations. The Committee is particularly concerned by the fact that some of these
allegations mention an excessive use of force against foreigners, especially asylum-seekers
and migrants, above all of African origin, and particularly in the cantons of Geneva and
Vaud (arts. 2, 12, 13, 14 and 16).
The State party must ensure that prompt, thorough and impartial inquiries are held
into all allegations of violence or mistreatment by police, that the perpetrators are
prosecuted and, if proven guilty, punished in proportion to the seriousness of their
acts, that victims receive compensation and, where appropriate, rehabilitation. The
State party must also continue training police officials and raising their awareness of
human rights and, in particular, of the provisions of the Convention. In its next
report, it must inform the Committee of any ongoing investigations and their outcome.
Mechanisms of independent investigation into police violence
9.
The Committee notes that, in the State party, complaints of police violence, torture
and mistreatment may be brought before the ordinary courts. Nevertheless, it is concerned
that the State party has not yet fully implemented the Committee’s recommendation to
establish, in each canton, independent mechanisms of investigation to deal with complaints
of violence or mistreatment lodged against police officials. It reminds the State party that
the possibility of seeking remedy in the ordinary courts should not prevent the
establishment of such mechanisms (arts. 2, 12 and 16).
The State party must ensure the creation in each canton of an independent
mechanism empowered to receive any complaints of violence or mistreatment on the
part of the police and to investigate them promptly, thoroughly and impartially.
Non-refoulement
10.
The Committee notes that, according to article 5, paragraph 2, of the Asylum Act of
1999, the ban on refoulement may not be invoked if there are substantial grounds for
believing that the person invoking it represents a threat to the security of Switzerland or,
having been convicted and sentenced for a particularly serious crime or offence, must be
considered a public menace. The Committee also notes that article 68, paragraph 4, of the
Federal Act on Foreign Nationals of 2005, provides for the immediately enforceable
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