1. État, peuple, Authorities » 14. Right of Citizenship, établissement, **Stay** 142. Establishment and Stay

1 This law designates the competent authorities and regulates the procedure applicable to coercive measures in the area of immigration law.

2 The following are considered coercive measures in the area of immigration law as provided by federal legislation, in particular

a) the search of persons and the search of premises;

b) detention;

c) the assignment of a place of residence and the prohibition from entering a specified region;

d) preparatory detention;

e) detention pending deportation or expulsion;

f) detention pending deportation or expulsion in the event of non-cooperation in obtaining travel documents;

g) detention for noncompliance.

1 The procedure is governed by federal law and the present Act. The Administrative Procedure Code is applicable in a subsidiary capacity.

2 Terms referring to persons apply equally to both women and men.

Competent authorities responsible for imposing or enforcing coercive measures shall ensure compliance with principles of administrative activity, notably applying the principle of proportionality and the principle of subsidiarity strictly.

In order to enforce the decisions based on this law, the competent authority may call upon the assistance of law enforcement, in compliance with the principle of proportionality.

1 The person concerned shall be informed promptly in a language they understand of any decision made pursuant to this law.

2 During their hearing before the judge, an interpreter shall be appointed if necessary.

**1 The Population Service is the competent authority to order detention within the meaning of Article 73 of the Federal Law on Foreigners.**

**2 The administrative judge has jurisdiction to rule on the request provided for in Article 73, paragraph 5, of the Federal Law on Foreigners.**

**3 The decision of the administrative judge is subject to appeal in accordance with Article 14.**

1 The conditions allowing for the imposition or continuation of detention are exhaustively enumerated by federal law.

2 If these conditions are not met, detention cannot be ordered.

3 The individual is released as soon as these conditions are no longer met.

1 In case of necessity, the authority shall appoint an attorney for the person concerned ex officio; furthermore, the provisions of the Code of Criminal Procedure apply by analogy.

2 An ex officio defense counsel is specifically appointed to the person concerned when

a) they are involved in a procedure for the extension of detention, or when the detention has lasted more than three months;

b) their situation presents particular difficulties in fact or in law;

c) they are unable to ensure their own defense due to their inexperience, state of health, or other relevant reasons.

The person concerned may be assisted by a representative from a charitable organization.

1 The Population Service is the competent authority to order detention as per Articles 75 to 78 of the Federal Act on Foreign Nationals.

2 Detention is only ordered if there are no other means to ensure the execution of removal or expulsion.

3 The Population Service communicates any decision to place or maintain in detention to the administrative judge within 24 hours.

1 The administrative judge oversees the legality and appropriateness of the detention and the conditions thereof.

2 Before rendering a decision, the administrative judge conducts a hearing of the person concerned and a representative of the Population Service.

1 The administrative judge hears the person concerned and examines the legality and appropriateness of the detention no later than 96 hours after it begins (art. 80 LEtr).

2 This period is not suspended on Sundays and public holidays.

3 The judgment is also communicated in writing to the person concerned, no later than 5 days following its oral pronouncement.

1 If it is justified to extend the detention in accordance with federal legislation, the Population Service shall request the administrative judge's approval. The request must reach the judge no later than 96 hours before the expiration of the detention period.

2 The administrative judge shall render a decision no later than 96 hours after hearing the person concerned and a representative of the Population Service.

1 The detained foreign national may submit a request for release from detention under the conditions outlined in Article 80, paragraph 5, of the Federal Law on Foreign Nationals. The administrative judge shall make a decision within 8 working days.

2 During the period of detention, the Population Service may, of its own accord and at any time, review whether the conditions for imposing or maintaining detention are still being met.

1 The decision of the administrative judge may be appealed to the President of the Administrative Court within 10 days from the notification of the written judgment.

2 The appeal does not have a suspensive effect.

1 The detainee has the right to respect and protection of their dignity, physical and mental integrity, privacy, and religious beliefs.

2 They have the right to receive visits and maintain relationships with the outside world.

3 As far as possible, the detainee should be able to engage in appropriate activities; they have the right to a daily outdoor walk.

4 The Government shall regulate, by ordinance, the detailed arrangements for execution.

1 Detention takes place in suitable premises. Efforts must be made to prevent the detainee from coming into contact with persons in preventive detention or serving a sentence.

2 In the absence of specialized facilities, detention takes place in a detention facility of the Canton or in such a facility located in another canton. In all cases, this detention cannot exceed one week. Beyond this duration, the detainee must be placed in an appropriate facility; failing that, they will be released.

3 Detainees who present as particularly dangerous may be incarcerated.

**1** Upon arrival at the facility, the detainee is informed in a language he understands about the conditions of his detention, the facility's regulations specific to coercive measures, and the rights he is entitled to or the duties he is obliged to.

**2** He is also informed that he has the right to request that a person or institution of his choice located in Switzerland be notified (Art. 81, para. 1, LEtr).

The Population Service executes detention decisions, if necessary with the assistance of the cantonal police.

1. The Population Service is the competent authority for conducting a search on a foreigner and seizing the goods they carry under the conditions of Article 70, paragraph 1, of the Federal Act on Foreign Nationals.

2. If the asylum seeker is accommodated in a registration center or in private or collective housing, the director of the center, the head of the collective housing, and the Population Service may decide to search their person or property under the conditions of Article 9 of the Federal Asylum Act. They may also seize and confiscate documents in accordance with Article 10 of this act.

3. The Administrative Judge is the competent authority to order a search under the conditions of Article 70, paragraph 2, of the Federal Act on Foreign Nationals.

1 The search or seizure warrant is communicated in writing to the concerned party by the cantonal police.

2 It is not subject to opposition but can be appealed to the administrative judge within 10 days.

3 The appeal does not have a suspensive effect.

4 The decision of the administrative judge is subject to appeal in accordance with Article 14.

1 The cantonal police is the only authority authorized to conduct searches of individuals or premises as ordered by the authorities mentioned in Article 19.

2 The search may only be conducted by a person of the same sex.

1 The Population Service is the competent authority to order a foreigner not to leave the assigned territory or not to enter a specified region under the conditions of Article 74 of the Federal Act on Foreign Nationals.

2 The person concerned may request the Population Service to conduct a review of its decision.

1 The decision of the Population Service is subject to appeal before the administrative judge without prior opposition.

2 The appeal period is 10 days.

3 The appeal does not have a suspensive effect.

4 The decision of the administrative judge is subject to appeal in accordance with Article 14.

No fees or disbursements are charged for the decisions made under the provisions of this law.

This law is subject to an optional referendum.

The Government determines the commencement of this law.