Added: Reinaldo Beltz - Date: 08.09.2021 01:39 - Views: 14859 - Clicks: 1023
The Swiss Confederation is a constitutional republic with a federal structure. Legislative authority resides in a bicameral parliament Federal Assembly consisting of the member Council of States and the member National Council. Federal Assembly elections were last held in October and were considered free and fair. Parliament elects the executive leadership the seven-member Federal Council every four years and did so in December A four-party coalition made up the Federal Council. The federal police maintain internal security. The army is responsible for external security but also has some domestic security responsibilities.
Civilian authorities maintained effective control over the security forces. There were no reports that the government or its agents committed arbitrary or unlawful killings. The Office of the Attorney General investigates whether security force killings were justifiable and pursues prosecutions. The constitution and law prohibit such practices. There were isolated reports that individual police officers used excessive force while making arrests and that prison staff engaged in degrading treatment of detainees.
Impunity was not a ificant problem in the security forces. In June the European Court of Human Rights ECHR ruled that the state had violated the right to life of a year-old man who hanged himself in after being left alone in solitary confinement for 40 minutes despite having made suicidal statements. In May the Federal Supreme Court ruled the detention conditions in the Champ-Dollon prison in Geneva violated the prohibition of torture according to the constitution and the European Convention on Human Rights.
The court found that a prisoner was held in a small cell for days between and The prisoner was only allowed to walk for one hour a day and to exercise for three-to-four hours a week. Notwithstanding some inadequate and overcrowded facilities, prison and detention center conditions generally met international standards. There were no ificant reports regarding prison or detention center conditions that raised human rights concerns.
P hysical Conditions: Prison overcrowding in the western part of the country remained a problem. In April prisons canceled visits, special leave, sporting activities, work, and school lessons due to the COVID pandemic. The cells are often dark, narrow and spartan. The study found that solitary confinement was widely used in pretrial detention and in prison and that external contacts of detainees were too restricted. According to Humanrights. In May the Federal Court ruled that detention conditions must be assessed as a whole, regardless of any change in the status of pretrial or posttrial detention and that personal space of less than 43 square feet for more than three months violates the European Convention on Human Rights.
In May the SCHR released a study on administrative detention under immigration law which found that specialized facilities in the country lacked capacity. Administration: There was no ombudsman or comparable authority available at the national level to respond to complaints, but a of cantons maintained cantonal ombudsmen and mediation boards that acted on behalf of prisoners and detainees to address complaints related to their detention.
Such resources were more readily available in the larger, more populous cantons than in smaller, less populated ones. Independent Monitoring: The government permitted independent monitoring of conditions in prisons and asylum reception centers by local and international human rights groups, media, and the International Committee of the Red Cross. In the NCPT visited 23 detention centers. The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court.
The government generally observed these requirements. By law police must apprehend criminal suspects based on warrants issued by a duly authorized official unless responding to a specific and immediate danger. In most instances, authorities may not hold a suspect more than 24 hours before bringing the suspect before a prosecutor or investigating magistrate, who must either formally charge a detainee or order his or her release. Authorities respected these rights.
Immigration authorities may detain asylum seekers and other foreigners without valid documents up to 96 hours without an arrest warrant. There is a functioning bail system, and courts granted release on personal recognizance or bail unless the magistrate believed the person charged to be dangerous or a flight risk. Alternatives to bail include having suspects report to probation officers and imposing restraining orders on suspects.
Authorities may deny a suspect legal counsel at the time of detention or initial questioning, but the suspect has the right to choose and contact an attorney before being charged. The state provides free legal assistance for indigents charged with crimes carrying a possible prison sentence. Without an arraignment or arrest warrant, police may detain young offenders for a maximum of 24 hours 48 hours during weekends. Pretrial Detention: Humanrights. Approximately The average length of time was 2. The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence. They have the right to be informed promptly and in detail of the charges, with free interpretation as necessary from the moment charged through all appeals. Trials are public and held without undue delay. Defendants are entitled to be present at their trial. They have the right to consult with an attorney of their choice in a timely manner, and the courts may provide an attorney at public expense if a defendant faces serious criminal charges.
Defendants have adequate time and facilities to prepare a defense. They have the right to confront and question witnesses, and to present witnesses and evidence. Defendants may not be compelled to testify or confess guilt. Prison sentences for youths up to age 15 cannot exceed one year. For offenders between the ages of 16 and 18, sentences may be up to four years. Authorities generally respected these rights and extended them to all citizens.
Military courts may try civilians charged with revealing military secrets, such as divulging classified military documents or classified military locations and installations. There were no reports that military courts tried any civilians during the year. There is an independent and impartial judiciary in civil matters.
Citizens have access to a court to bring lawsuits seeking damages for or cessation of a human rights violation. Individuals and organizations may appeal adverse domestic decisions to the European Court of Human Rights. The government reported that Holocaust-era restitution is no longer a ificant issue and that no litigation or restitution claims regarding real or immovable property covered by the Terezin Declaration, to which the government is atory, were pending before authorities; Jewish communities in the country confirmed that no such claims regarding real or immovable property covered by the Terezin Declaration were pending.
There remained much art in the country with unresearched provenance as many museums and art collections were under the purview of cantons rather than the federal government, or were maintained by private organizations and private individuals. The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.
The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. Freedom of Speech: While the law does not specifically mention libel and hate speech, it prohibits willful defamation as well as denigration and discrimination against another or a group of persons on the grounds of their race, ethnic origin, religion, or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures.
It provides for punishment of violators by fines and imprisonment of up to three years. There were four convictions under this law in In the journalist published an article in Basler Zeitung in which she wrote about a cannabis dealer whose apartment she had visited. The public prosecutor maintained that she was unable to assert such a right. Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.
In , the latest year with statistics, individuals were sentenced under the penal code on defamation. There were also persons sentenced under the penal code on slander. No information was available on whether any persons were imprisoned under these provisions. The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.
The law provides for punishment of hate speech, including public incitement to racial hatred or discrimination, spreading racist ideology, and denying crimes against humanity, with monetary fines and imprisonment of up to three years. The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. In September parliament approved a new provision in the criminal law that criminalizes recruiting, training, and travel for terrorism. Under this provision individuals who authorities deem may pose a threat but are not subject to criminal proceedings may be obliged to report to a police station at certain times, banned from traveling abroad, and confined to specific areas in the country.
These measures could be applied to residents as young as 12 years old. The Federal Office of Police could place persons they deem dangerous under house arrest for up to six months, renewable once. The government cooperated with the UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern. The government may detain rejected applicants for up to three months to ensure they do not go into hiding prior to forced deportation, or up to 18 months if repatriation posed special obstacles.
The government may detain minors between the ages of 15 and 18 for up to 12 months pending repatriation. Authorities generally instructed asylum seekers whose applications were denied to leave voluntarily but could forcibly repatriate those who refused. In June the Federal Supreme Court upheld two complaints filed by AsylLex, ordering the immediate release of persons in administrative detention and calling their ongoing detentions illegal.
In its ruling, the court found that deportations were not possible during the COVID pandemic and were a mandatory prerequisite for the continuation of administrative detention. In February media outlets reported allegations that in January, three security employees at a federal asylum center in Embach were violent towards a Kurdish asylum seeker, allegedly breaking his jaw. The State Secretariat for Migration disputed the allegations.
Several asylum seekers told media the environment at the center was hostile, privacy was nonexistent, and treatment by the security forces was often arbitrary and degrading. The Zurich Solinetz, an association which campaigns for the rights of refugees in the country, alleged it was denied access after making critical statements. In May media outlets reported allegations of violent clashes between employees of Securitas, a Swedish private security services and investigation company, and asylum seekers at the Federal Asylum Center in Basel.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government required asylum applicants to provide documentation verifying their identity within 48 hours of completing their applications; authorities, under the law, are to refuse to process applications of asylum seekers unable to provide a credible justification for their lack of acceptable documents or to show evidence of persecution.
Under asylum law federal asylum centers are required to process applications within a maximum of days and asylum seekers are granted immediate free legal representation facilitated by NGOs and financed by the federal government. Employment: The law grants refugees the right to work pending the mandatory submission to cantonal authorities of key employment information, including personal employee and employer data and a description of the job and working conditions.
According to the law, salary and employment conditions must fulfill the labor standards of the respective employment location, profession, and sector before refugees may take up work. Durable Solutions: As of August authorities reported accepting 3, refugees during the year for resettlement. They were reported to have offered naturalization to 15, individuals from January through June.
Through August they assisted in voluntary returns of 2, persons. The law dictates that the State Secretariat for Migration is responsible for conducting procedures to recognize statelessness.Women seeking sex Switzerland
email: [email protected] - phone:(623) 125-7570 x 9588
Trafficking in Persons Report: Switzerland