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

The present ordinance determines the place and regime of detention applicable as a coercive measure in matters of immigration law.

1 Inmates have the right to correct and respectful treatment of their person.

2 Their rights are only limited to the extent required by the purpose of detention, the proper functioning of the institution, and the requirements of community life.

3 Restrictions must be proportional to the intended purpose.

1 Inmates must observe the provisions of this ordinance.

2 They must comply with general or specific orders given by the detention officer. They are subject to the disciplinary regime provided by this ordinance.

3 They are liable for damage caused to the State when they intentionally or through gross negligence cause damage or actions resulting in costs. The amount of compensation due may be deducted from the inmate's personal account.

When applying this ordinance, the detention officer shall take into account the young age of the detainee. To this end, after consulting the Population Service, the officer may make exceptions in favor of minor detainees.

The Population Service as well as the administrative judge shall communicate their decisions regarding detention and any particularities of the detention regime applicable to the detainee to the detention officer of the facility.

1 Every new entrant to the institution is registered in the prison ledger, with mention of their identity, the reason for their incarceration, and the date and time of entry.

2 If the new entrant is sick or injured or if there are doubts regarding their ability to endure incarceration, medical assistance is required.

3 An entry interview takes place with the institution's detention officer.

**1 Each Detainee Must Have Access to This Ordinance**

1. Each detainee must be able to consult this ordinance. They shall receive a copy upon request.

2. Furthermore, each detainee receives an information sheet upon arrival, as far as possible in their native language or in a language they understand, indicating their most important rights and duties, and the operation of the institution.

3. The information sheet shall include, in particular, the following details

a) the detainee's right to request the assistance of a court-appointed attorney or a representative from a charitable organization;

b) the detainee's right to notify a person of their choice as well as their legal representative;

c) the detainee's right to call upon a prison chaplain or a prison visitor.

1 Upon arrival, each detainee is subject to a check regarding their personal effects, which generally includes a search; Article 22, paragraphs 2 and 3, applies.

2 The detainee is generally allowed to retain their personal belongings. The detention officer seizes dangerous items, prohibited substances, objects that could be used for an escape, and those that may disturb internal order.

3 Medications in the possession of the detainee are confiscated; they are administered upon medical order.

4 Money is deposited against a receipt. The detainee is allowed to use it. Upon request, they are informed of the status of their account.

1 The items removed are listed in an inventory. The inventory must be signed by the inmate who receives a countersigned copy.

2 The removed or seized items are returned against a receipt upon release.

3 The detention officer may order the confiscation of seized items as well as their destruction. If applicable, the Population Service is notified.

1 Inmates may be placed in communal cells.

2 Each inmate is responsible for the order and cleanliness in their cell. They are responsible for any damage caused to the furniture and facilities, in accordance with Article 3, paragraph 3, of this ordinance.

1 Inmates wear their own clothes.

2 Those who do not have a sufficient quantity of undergarments are provided with them upon request.

Detainees must not disturb the peace and tranquility within the facility.

1 Inmates may obtain work for themselves, within the limits compatible with the proper functioning of the institution.

2 With the exception of internal service, inmates cannot be compelled to work.

For their work, detainees are entitled to receive the full salary related thereto.

During their stay in the facility, an inmate without paid work receives a daily amount credited to their account to cover minor expenses, calculated based on cantonal assistance standards.

1 Inmates receive three meals per day.

2 They are not allowed to have meals delivered from outside.

A particular diet is provided, upon request, specifically

a) to inmates who require, upon a medical prescription, a special dietary regimen;

b) to inmates who, according to their religious beliefs, observe certain dietary rules.

Purchases made outside are settled by the detention officer.

1 The consumption and possession of non-prescribed medications, alcoholic beverages, narcotics, as well as other substances with similar effects are prohibited.

2 Medications prescribed by a physician are administered under supervision.

3 The provisions of the present regulation concerning sequestration and confiscation remain reserved.

1 Every detainee is required to adhere to hygiene rules and to perform their daily personal hygiene routine.

2 They must use the showers provided to them.

1 Inmates, as well as their personal belongings and their cells, may be searched.

2 Body searches must be conducted by a person of the same sex, in a separate room.

3 The detention facility officer may order a urine analysis or a breath test in the event of suspected drug or alcohol use.

1 Special measures may be taken by the detention officer against detainees who present a high risk of escape or who are suspected of intending to cause bodily harm, intentionally injure themselves, or damage objects.

2 The withdrawal of utility objects and objects that are part of the facilities is notably considered a special measure.

3 The measures are applied for as long as necessary.

Prisoners shall, in principle, engage in outdoor exercise for at least one hour each day.

1 Inmates who are sick or injured are entitled to medical assistance.

2 The institution's physician (hereinafter: "the physician") intervenes at the inmate's request; if the circumstances require it, the physician is called immediately.

3 Inmates who wish to have a medical consultation inform the staff on duty, who then contact the physician. In urgent cases, the physician and the management are notified immediately.

**1 The physician may consult with specialists.**

2 Inmates who need to be hospitalized due to a physical or mental condition are transferred to a hospital facility upon the physician's order and with the approval of the Population Service. In emergency situations, the detention officer may independently order the hospitalization; the Population Service is informed accordingly.

3 Dental care is only provided in emergency situations.

Medical and pharmaceutical expenses shall be borne by the State when the personal means of the detainee do not allow for their coverage or when no insurance or institution takes responsibility for them.

**1 The Population Service Provides and Organizes the Social Service for Detainees**

2 The organization mandated by it is tasked, in particular, with assisting detainees concerning issues related to their personal, material, and family situations and, where appropriate, managing the detainees' relations with authorities and third parties.

1 Each inmate may seek the assistance of a prison chaplain.

2 The chaplain may visit the inmates; he may communicate with the inmates without being supervised.

Members of a faith for which no chaplain is appointed may receive a representative of their religion or a visitor of detainees under the regulations governing visits.

Visits by chaplains and the individuals referred to in Article 30 may be restricted or suspended for security reasons.

During the day, inmates may spend the majority of their time together. However, they may be confined to their cells if security reasons so require.

Inmates may, at their own expense, order books and subscribe to newspapers or magazines.

1 Inmates may use television and radio sets from the first day, provided the facility has them available. Possession of personal television and radio sets requires the authorization of the detention officer.

2 The possession and use of other devices and instruments are determined on a case-by-case basis by the detention officer.

Leisure activities may be restricted or terminated for reasons of order or safety.

1 Inmates may, within the limits of this ordinance, receive visits and send and receive letters or packages; if necessary, they may use the telephone.

2 The content of telephone communications and conversations that take place during a visit is, in principle, not monitored.

1 Visits and other external contacts may be restricted or terminated for reasons of order or security. If a parcel is not delivered to the inmate, the sender will be informed that it is at their disposal.

2 For security reasons, the contents of envelopes and packages may be inspected.

Correspondence and telephone communications with Swiss authorities and legal defenders are not monitored.

1 Inmates may receive visits at least once a week.

2 Visits are conducted according to a schedule specially arranged with the detention officer.

**1 As a general rule, the number of visitors per detainee must not exceed two persons.**

**2 Visitors must comply with the instructions of the detention officer; upon request, they must provide proof of their identity and state the purpose of their visit.**

**3 The handing over of objects during visits is only permitted with the authorization of the detention officer.**

**4 For security reasons, the visit may be subject to the condition that the visitor agrees to be searched.**

Objects contained in packages are only delivered to the detainee to the extent that their possession is authorized.

1 In case of necessity, the detainee shall have access to the telephone. The procedures related thereto shall be determined by the detention officer.

2 The costs associated with the use of the telephone for personal purposes shall be borne by the detainee.

Visitors may hand cash to the detention officer for the detainees. The cash is handed over in exchange for a receipt.

1 Any inmate who violates the provisions of this ordinance or the instructions of the detention officer, who does not comply with staff orders, or who obstructs the proper functioning of the institution is subject to disciplinary sanctions. Complicity and incitement are also punishable.

2 The following actions may, in particular, lead to a sanction

a) escape and attempted escape;

b) consumption and possession of drugs, alcohol, and other substances with similar effects;

c) acquisition and possession of weapons or dangerous objects;

d) unauthorized contacts with persons outside the institution or with other inmates;

e) any act that constitutes a criminal offense.

1 Disciplinary Sanctions Are

a) the imposition of restrictions;

b) solitary confinement.

2 Restrictions that may be imposed include prohibition of purchases, prohibition or reduction of external communication, except with authorities and legal counsel, as well as deprivation of work, leisure, tobacco, and television. The restrictions must be proportional to the severity of the offense.

3 No restriction may be placed on medical, social, and spiritual assistance or on correspondence.

4 Disciplinary sanctions may be combined.

5 Generally, a disciplinary sanction is preceded by a warning.

6 Civil and criminal liability is reserved.

1 Disciplinary sanctions are issued by the Population Service.

2 Disciplinary sanctions are imposed after a hearing of the detainee. Solitary confinement orders are notified in writing; the restrictions provided for in Article 45, paragraph 1, letter a, are communicated orally.

The detainee has the right to communicate with the detention officer. The requested meeting, whether orally or in writing, must take place within a short period of time.

1 The detainee has the right to lodge complaints against the detention officer. The complaint must be filed within ten days following the alleged conduct.

2 Complaints against the detention officer are submitted in a sealed envelope to the detention officer, addressed to the Population Service.

1 Decisions made by the detention officer and the Population Service may be appealed to the Administrative Chamber of the Cantonal Court. The opposition procedure is excluded.

2 Otherwise, the Code of Administrative Procedure is applicable.

Transfers to another institution are decided by the Population Service.

**The present order enters into force on September 1, 1999.**