Switzerland: security at federal asylum centers will be strengthened

Security in and around federal asylum centers will need to be strengthened. Following the National, the Council of States approved on Wednesday without opposition a revision of the law. He tightened the screws on disciplinary measures against the applicants.

The project follows an investigation by former federal judge Niklaus Oberholzer. The latter was mandated after the denunciation in the media in 2021 of a disproportionate use of force in asylum centers. The report ruled out systematic violence, but recommended improvements to deal with abuse.

The need for action was not disputed in the Houses. The areas in which the State Secretariat for Migration (SEM) can use coercion or police measures have thus been clarified in the law.

10 day exclusion

The Council of States decided to tighten the screws in disciplinary matters against the applicants. The exclusion from common premises could last up to 10 days, proposed Daniel Fässler (Center/AI) on behalf of the committee. In some cases, strict measures are necessary to guarantee the safety of other applicants and the center, argued Daniel Jositsch (PS/ZH).

The cantons are absolutely against this bad idea, warned Beat Jans. If you exclude a person from common premises for so long, they will spend 10 days on the street or in public places. The Federal Council’s project, supported by the left, provides for a maximum of three days of exclusion. It was not followed, by 25 votes to 15.

The Chamber further excluded by 22 votes to 19 the possibility of appealing to the Federal Administrative Court against decisions of assignment to a specific center for recalcitrant applicants, against the opinion of the Federal Council, the left and some centrists.

The National had for its part decided to expand, in relation to the Federal Council, the perimeter around federal asylum centers within which asylum seekers can be subject to disciplinary measures, if their behavior threatens the security and public order.

Minors to be protected

The Council of States also wanted to add a provision of principle to underline the need for particular protection of minors in the event of searches. The secretariat’s directive stipulates that minors under the age of 12 are not searched, Justice Minister Beat Jans said. The SVP considered that there was no need to specify this aspect in law, but was isolated.

Likewise, the Chamber of Cantons clarified that the specific needs of women and children in asylum centers located at airports must be taken into account. This is an important step in terms of security for the weakest, recalled Heidi Z’Graggen (Center/UR). Here too, the SVP opposed without success.

The UDC also wants to authorize the use of weapons by center security personnel. Largely refused at the National, its request was this time supported by 21 votes to 20. Auxiliary means, such as handcuffs, water projectors or irritant products, can already be used.

The file returns to National.

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