Ordinance on the implementation of the Concordat on Measures against Violence at Sport Events - Purpose

1. This regulation aims to implement the provisions according to the Concordat on Measures Against Violence at Sporting Events, specifically the designation of the competent cantonal authorities and the judicial instance for the measures

a) Area ban;

b) Reporting obligation;

c) Police custody.

1. The cantonal police are responsible for defining the various exclusion zones within the canton area (precisely defined area surrounding sporting events). If the area affected is not exclusively within the canton, the cantonal police will establish the various exclusion zones in collaboration with the competent authority of the Canton of Basel-Landschaft.

2. The cantonal police are responsible for imposing an exclusion order if the person affected by the exclusion order resides in the canton area or was involved in violent activities within the canton area.

3. If the violent act occurred in the Canton of Basel-Stadt, the cantonal authority responsible under section 2 shall have priority in any case. However, it must promptly inform the competent authority of the canton of residence of the affected person about the imposed exclusion order.

4. The cantonal police report the defined exclusion zones within the canton to the Federal Office of Police, Directorate of Analysis and Prevention, and also transmit the corresponding plans. They report any future changes or adjustments to the exclusion zones and also transmit the correspondingly amended or adjusted plans.

1. The Cantonal Police is responsible for imposing a reporting requirement, provided that the person subject to the reporting requirement has their residence within the cantonal territory.

2. When determining the reporting location and times, the Cantonal Police considers, in every case, the personal circumstances of the person subject to the reporting requirement. Whenever possible, the Cantonal Police designates the police station at the residence of the person subject to the reporting requirement as the reporting office.

3. If the person subject to the reporting requirement cannot properly report to the competent police station for significant and verifiable reasons, they must immediately inform the station, providing their whereabouts. The competent police station then promptly verifies the whereabouts and statements of the affected person.

4. The Cantonal Police reports to the Federal Office of Police, Main Department of Analysis and Prevention, the reporting requirements imposed or rescinded within the cantonal territory. It reports any violations of the ordered reporting requirements and the corresponding penal decisions.

1. The Cantonal Police is responsible for ordering police custody if the person affected by the measure has their residence within the canton territory or if the violence is feared to occur within the canton territory. In its order, the Cantonal Police must inform the person of the right to have the deprivation of liberty reviewed by a judge. Furthermore, it must indicate that the affected person must apply for judicial review of the deprivation of liberty within 5 days.

2. If the violence is feared to occur within the canton territory, the cantonal authority responsible under paragraph 1 has priority in any case.

3. The Cantonal Police must terminate the ordered police custody immediately when its prerequisites no longer exist, but in any case no later than after 24 hours.

4. The person affected by the measure must report at the designated time to the police station of their residence or another police station named in the corresponding order and shall remain there for the duration of the measure. If the affected person does not appear at the designated police station, the Cantonal Police may bring them to the designated place by police means.

5. The police station designated for the execution of the police custody notifies the ordering police station about the execution of the custody. In the case of the affected person’s absence, the notification occurs immediately so that the police escort pursuant to paragraph 4 can be carried out without delay.

6. The person affected by the measure may request that the legality of their deprivation of liberty be reviewed by a judge.

7. The administrative court is responsible for reviewing the legality of police custody.

8. The Cantonal Police reports to the Federal Office of Police, Main Division Service for Analysis and Prevention, regarding police custodies ordered or lifted within the canton territory. It reports any violations against ordered police custodies as well as the corresponding criminal decisions.

1. Appeals against orders pursuant to §§ 2 and 3 of this regulation may be filed by the affected person. The relevant provisions of the Organization Act as well as the Administrative Procedure Act shall apply analogously.