Federal Law of March 21, 1997, Establishing Measures Aimed at Maintaining Internal Security (LMSI) - Purpose (BWIS)

This law aims to ensure the respect of the democratic and constitutional foundations of Switzerland and to protect the freedoms of its population.

The Confederation shall take preventive police measures as defined by this Act to preemptively eliminate threats to internal security.

Preventive police measures include: a. ... b. measures aimed at protecting federal authorities, persons enjoying special protection under international public law, as well as permanent diplomatic missions, consular posts, and international organizations; c. the seizure, impounding, and confiscation of propaganda material whose content incites violence; d. the impounding of dangerous objects as defined in Art. 13 f, to the extent required by the execution of the tasks defined by this Act; dbis. the measures provided for in Section 5, which aim to prevent terrorist activities; e. the measures provided for in Section 5 a, which aim to prevent violence during sporting events.

Each canton has primary responsibility for internal security within its territory. Insofar as the Constitution and the law hold the Confederation responsible for internal security, the cantons assist it in terms of administration and enforcement.

The Federal Council shall establish a master plan for measures aimed at the protection of: a. the federal authorities; b. persons entitled to protection under international public law; c. beneficiaries of privileges, immunities, and facilities as referred to in Art. 2 of the Host State Act of June 22, 2007.

Each canton shall designate the authority responsible for cooperating with the Federal Office of Police (fedpol) for the implementation of this Act. It shall establish the chain of command in such a way that urgent tasks assigned by the Confederation are carried out without delay.

Municipalities to which a canton delegates tasks defined by this Act shall cooperate directly with federal authorities.

Persons charged by the cantons with performing tasks defined by this Act are subject to the cantonal public service law and to the cantonal supervisory authority.

Fedpol informs the other security bodies of the Confederation and the cantons, as well as the federal bodies that collaborate in police tasks, of all facts that could compromise internal security in their domain.

The police authorities and customs authorities shall seize, regardless of its quantity, nature, and type, any material that can be used for propaganda purposes and whose content, in a concrete and serious manner, incites the use of violence against persons or objects.

They shall transmit the material to the Federal Intelligence Service (FIS). The Federal Police (fedpol) shall decide on impoundment and confiscation after consulting with the FIS. The Federal Act of 20 December 1968 on Administrative Procedure shall apply.

Competent employees of the FIS or fedpol who discover such material may also seize it directly.

In the event of suspicion of a punishable act, the seizing authority shall transmit the material to the competent criminal authority.

If propaganda material referred to in para. 1 is disseminated via the Internet, fedpol may, after consulting with the FIS: a. order the removal of the concerned site if the propaganda material is located on a Swiss server; abis. order the revocation of second-level domain names used for dissemination that are subordinate to Internet domains managed under Swiss jurisdiction; b. recommend that Swiss internet service providers block the concerned site if the propaganda material is not located on a Swiss server.

Fedpol may sequester the dangerous objects referred to in Art. 4, para. 6, of the Federal Weapons Act of 20 June 1997, insofar as the fulfillment of the tasks defined by the present law requires it.

Fedpol and the cantons gather the necessary information to carry out the tasks defined by this law. They may obtain this information without the knowledge of the person concerned.

Personal data may be collected through: a. the exploitation of publicly accessible sources; b. requests for information; c. consultation of official documents; d. reception and exploitation of communications; e. investigations into the identity or whereabouts of individuals; f. observation of facts, including by means of image and sound recordings, in public and freely accessible places; g. tracking the movements and contacts of individuals.

The use of coercive measures provided for by criminal procedure is only allowed within the framework of a judicial police investigation or a preparatory investigation. The same applies to the observation of facts in private premises.

Fedpol shall ensure, in collaboration with cantonal authorities, the protection of the Confederation's authorities and buildings, as well as the protection of persons and buildings whose security the Confederation must guarantee under public international law.

The Federal Council may assign protection tasks to state services or private services.

It may employ other specially trained agents for these tasks or, if necessary or in the case of an increased threat, make them available to cantonal authorities, after consultation with the cantonal governments.

Persons responsible for the protection of persons, authorities, and buildings under this act may, if their mandate requires it and insofar as the interests to be protected justify it, use force and police measures. The Act of March 20, 2008, on the Use of Force applies.

The Federal Council shall designate: a. the individuals who perform a public function on behalf of the Confederation for whom protective measures are taken based on the risk associated with that function; b. the buildings of the Confederation wherein the protection of individuals and facilities is ensured by fedpol personnel; c. ...

In duly justified cases, the Federal Council may provide for an extension of protective measures for the benefit of persons referred to in para. 1, letter a, even after they have left their function.

The Confederation exercises its right of domicile as per art. 62f of the Act of 21 March 1997 on the Organization of the Government and the Administration (LOGA) in all its buildings housing federal authorities. It takes appropriate protective measures in consultation with fedpol.

The cantons ensure the protection of other properties of the Confederation to the extent provided in art. 62e, para. 1, LOGA.

If there are concrete reasons to suspect that a specific person is likely to commit a crime against individuals or buildings protected under para. 1, the authority responsible for protection may seek out the person in question, question them about their behavior, and draw their attention to the consequences of potential offenses.

The federal construction authorities set the architectonic and technical protective measures in consultation with fedpol and the departments, groups, offices, and other federal authorities occupying the premises.

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Fedpol processes in its own information and documentation system the information necessary to take protective measures towards persons and buildings as provided for by this section.

The information and documentation system contains data relating to events relevant to security and the individuals connected to them.

The data are destroyed at the latest five years after the persons or buildings concerned no longer require protection.

The right of access and the right to have data rectified are governed by Arts. 25 and 41, para. 2, let. a, of the DPA.

Fedpol shall process only the data of: a. persons for whom it must ensure security; b. persons who are presumed, based on concrete evidence, to endanger the security of federal authorities, buildings, and installations.

Only the following data may be processed in the system: a. name, first name, date of birth, place of birth, place of origin, and address; b. visual or audio recordings; c. personal data, including sensitive data, insofar as they are necessary to assess the threat posed by individuals; this data includes, in particular, data concerning health status, convictions or ongoing procedures, membership in a party, society, association, organization, or institution, and information about the governing bodies of these entities.

Information related to political activities or the exercise of freedom of opinion, association, and assembly may not be processed. The processing of such information is exceptionally permitted when concrete evidence suggests that an organization or persons affiliated with it are using political or fundamental rights to conceal the preparation or execution of punishable acts.

Online access to the information and documentation system is limited to the fedpol services assigned the following tasks: a. assessing threats to which the authorities, buildings, and facilities of the Confederation are exposed; b. ordering and implementing personal protection measures.

Data, including sensitive data, can be communicated to the following services and individuals: a. departments, offices, and security bodies of the civilian and military administration, for the protection of authorities, buildings, and facilities as well as for the implementation of personal protection measures; b. units of fedpol and the SRC responsible for state protection or counter-terrorism; c. persons in charge of Confederation buildings, to prevent unauthorized entry; d. Swiss and foreign representations and international bodies, for the protection of individuals entitled to protection under public international law; e. Swiss and foreign police bodies, to fulfill their security tasks; f. event organizers and private individuals, insofar as the communication is necessary to avert a serious and imminent danger.

The cantons shall, after consultation with fedpol, take the necessary measures within their territory to fulfill the protection obligations incumbent upon Switzerland under public international law; if necessary, they shall cooperate with the security services of international organizations or diplomatic missions established on their territory, or with the foreign police authorities competent in security matters in border regions.

A potential terrorist is understood to be a person presumed, based on concrete and current evidence, to engage in terrorist activities.

Terrorist activities are understood to refer to actions intended to influence or alter the state order and likely to be carried out or facilitated by serious offenses or the threat of such offenses or by spreading fear.

Fedpol issues, in the form of a decision, measures against a potential terrorist as specified in Articles 23k to 23q, provided the following conditions are met: a. the risks they pose cannot be effectively mitigated by social, integrative, or therapeutic measures, nor by child and adult protection measures; b. cantonal measures for general threat prevention are insufficient; c. no alternative measure or coercive measure resulting in deprivation of liberty based on the code of criminal procedure that has the same effect as the measures specified in Articles 23k to 23q has been ordered; the procedure must be agreed upon between Fedpol and the competent public prosecutor's office.

The measures specified in Articles 23k to 23o are, if possible, to be accompanied by social, integrative, or therapeutic measures.

A measure must be lifted if the conditions for its issuance are no longer met. The concerned person must be immediately informed of the lifting.

The concerned person may at any time submit a request to Fedpol for the lifting of the measure.

The duration of the measure is limited to six months. It may be extended once for a maximum of six months. The duration of house arrest is governed by Art. 23o, para. 5.

The same measure may be ordered again when there are new and concrete indications of terrorist activity.

In order to justify a measure referred to in Art. 23k to 23q, to examine whether the necessary conditions to order it are met, and to execute it, fedpol and the competent cantonal authorities may process sensitive data of potential terrorists, including data concerning religious and philosophical beliefs or activities, health, social aid measures, and criminal and administrative prosecutions or sanctions. The sensitive data of third parties can only be processed to the extent that the potential terrorist is or has been in contact with these persons and that these data are indispensable for assessing the threat posed by the potential terrorist.

Federal and cantonal police and prosecution authorities, cantonal enforcement authorities, child and adult protection authorities, schools and training authorities, integration offices, resident control services, migration offices, juvenile offices, and social services may exchange the personal data necessary to carry out the tasks defined in this section, including sensitive data. Art. 6, para. 2, remains reserved.

Fedpol may inform the operators of critical infrastructures mentioned in Art. 6, para. 1, let. a, no. 4, of the Federal Act of 25 September 2015 on Intelligence Service (LRens) of the measures pronounced pursuant to Art. 23k to 23q when the potential terrorist poses a threat to these infrastructures. For this purpose, fedpol may transmit sensitive data.

The competent cantonal or communal authority and the FIS may request fedpol to enact measures pursuant to this section.

The request must demonstrate that the legal requirements are fulfilled; it must also contain information on the type, duration, and execution of the requested measure.

Fedpol issues measures in the form of a decision as specified in Art. 23k to 23q. If the request has been submitted by a cantonal or municipal authority, Fedpol consults the SRC beforehand. If the request has been submitted by the SRC, Fedpol consults with the concerned canton beforehand. It records the measure and the infraction related to the measure in the computerized police information system (RIPOL) as referred to in Art. 15, para. 1, of the Federal Act of 13 June 2008 on the Federal Police Information Systems. It may suspend a measure in agreement with the concerned canton or municipality for justifiable reasons.

Fedpol may require a potential terrorist to regularly report to a designated cantonal or communal service as requested by the authority for interviews with one or more professionals.

The interviews must allow for the assessment of the threat posed by the potential terrorist, its evolution, and the mitigation of such threat.

If the concerned person is a minor, their parents or other individuals with parental authority must be involved in the interviews insofar as this does not compromise the purpose of the interviews.

If the concerned person cannot attend a scheduled interview, they must immediately inform the competent cantonal or communal service, providing reasons for their inability to attend, and request a rescheduling of the interview. Rescheduling is only granted if the reasons are significant and upon presentation of a certificate by the concerned person.

The cantonal or communal service informs the requesting authority and fedpol of: a. significant security incidents during the execution of a measure; b. failure to fulfill the obligation to present oneself; c. rescheduled or canceled interviews; d. refusal to engage in an interview with a professional; e. the results of interviews conducted with a professional.

The information referred to in para. 5, lit. a and b, must be provided without delay.

Fedpol may prohibit a potential terrorist from making contact, directly or through a third party, with specific individuals or specific groups of persons.

Fedpol may prohibit a potential terrorist from leaving an assigned perimeter or from entering a designated perimeter or building.

It may authorize exceptions for justifiable reasons.

Fedpol may prohibit a potential terrorist from leaving Switzerland when concrete and current indications suggest that they intend to engage in terrorist activities abroad.

In the event of a prohibition on leaving the territory, it may: a. impound Swiss travel documents; b. seize foreign travel documents if there is a predominant interest for Switzerland in preventing the person concerned from going abroad and if no less severe measure can be taken.

It shall inform the concerned State of the seizure of foreign travel documents. If that State objects, fedpol lifts the seizure and returns the travel documents to the person concerned.

It may declare impounded travel documents invalid and report them in RIPOL, in the national section of the Schengen Information System (SIS), and via Interpol (art. 351, para. 2, of the Criminal Code [CC]).

It may report foreign travel documents in RIPOL, in the SIS, and via Interpol (art. 351, para. 2, CC) if the concerned State has declared them invalid and approves the reporting.

Fedpol, the Federal Office of Customs and Border Security (FOCBS), and the cantonal police authorities may impound travel tickets. They may request transport companies to declare electronic travel tickets invalid.

When there is imminent danger, they may provisionally seize or declare invalid Swiss and foreign travel documents and travel tickets without a prohibition on leaving the territory being pronounced, or request transport companies to declare electronic travel tickets invalid.

If the person concerned is a Swiss national, fedpol shall issue them a certificate of nationality and identity for the duration of the prohibition on leaving the territory. Fedpol issues a certificate of identity to a foreign national.

Fedpol may assign a potential terrorist to house arrest in a building or institution designated by the requesting authority: a. if there are concrete and current indications that they pose a considerable threat to the life or physical integrity of others that cannot be mitigated in any other way, and b. if one or more of the measures ordered under Arts. 23k to 23n have been violated.

The house arrest must take place in a building that the potential terrorist uses as a residence or in which they stay to receive care or treatment. The potential terrorist may exceptionally be assigned to house arrest in another public or private building or institution if: a. the threat cannot be effectively mitigated in any other way, and b. the building or institution provides them with a domestic setting where they can organize their life and fulfill their responsibilities.

After consulting the involved authorities, fedpol may grant exceptions to the house arrest for just reasons, notably for health, profession, education, freedom of belief, or family reasons.

Contacts with the outside world and social life may only be limited to the extent necessary for the execution of the measure.

The duration of the measure is limited to three months. It may be extended twice, each time by a maximum of three months.

Fedpol immediately submits the house arrest application to the Compulsory Measures Court of the canton of Bern for examination of its legality and appropriateness. The court rules immediately or at the latest within 48 hours of receiving the application.

If the measure is to be extended, fedpol must submit a written and substantiated request to the Compulsory Measures Court no later than four days before the measure expires. The court may order an extension of the measure until it has made a decision.

Art. 65, para. 4, of the Act of 19 March 2010 on the Organization of Criminal Authorities applies to the compensation of the canton of Bern.

If fedpol does not accede to a written request for the lifting of the measure submitted by the person concerned, it forwards this request within three days to the Compulsory Measures Court, attaching a substantiated opinion. The court rules at the latest within five days of receiving the request.

Fedpol immediately terminates the house arrest when: a. the conditions for ordering the measure are no longer met; b. the Compulsory Measures Court opposes the ordering or extension of a measure, or c. fedpol or the Compulsory Measures Court grants the request to lift the measure.

To implement the measures referred to in Arts. 23l to 23o, fedpol may order electronic surveillance or mobile phone location against a potential terrorist when the measures taken so far within the framework of monitoring the execution of the measure have been fruitless or would have no chance of success or would be excessively difficult in the absence of surveillance or location.

The electronic surveillance device may be affixed to the body of the potential terrorist. If the device is not attached to the body, the potential terrorist must constantly carry it with him in working order. The potential terrorist must not restrict the operational capacity of the device.

For the purposes of mobile phone location, the executing authority may require the provision of secondary telecommunication data pursuant to Art. 8, let. b, of the Federal Act of March 18, 2016, on the Surveillance of Postal and Telecommunications Correspondence. The potential terrorist must continuously carry the mobile device with him, turned on and in working order.

The collected data may only be processed for the following purposes: a. detecting violations of the measures referred to in Arts. 23l to 23o; b. criminal prosecution of a crime or serious offense according to the applicable procedural law; c. preventing a danger to third parties or a serious self-endangerment of the potential terrorist; d. controlling and ensuring the operation of technical means.

Data collected during electronic surveillance shall be destroyed no later than 12 months after the end of the surveillance unless there is a concrete reason to believe they may serve as evidence in criminal proceedings.

The authority responsible for executing the measure defines the persons authorized to process the collected data and provides measures to protect the data against any misuse.

The execution and control of the measures outlined in this section fall under the responsibility of the cantons. Art. 23 n is reserved.

Fedpol provides assistance in terms of administration and execution.

The authorities responsible for the implementation of these measures may, insofar as the interests to be protected justify it, make use of coercion and police measures.

Fedpol manages an electronic information system in which data is recorded concerning individuals who have exhibited violent behavior during sporting events organized in Switzerland or abroad.

Information concerning individuals against whom a ban to enter a specific country, a measure arising from cantonal law related to acts of violence committed during sporting events, or other measures such as stadium entry bans have been pronounced may be entered into the information system in the following cases: a. the measure has been pronounced or confirmed by a judicial authority; b. the measure has been pronounced following a punishable act that has been reported to the competent authorities; c. the measure is necessary to ensure the safety of individuals or the sporting event concerned and it can be made plausible that the measure is justified.

The electronic information system may contain the following data: photograph; surname; first name; date of birth; place of birth; place of origin; address; type of measure taken and reason for the measure (e.g., conviction, criminal investigation, police reports, video recordings); authority that ordered the measure; violations of the measures; organizations and events.

The authorities and offices mentioned in Art. 13 that hold information referred to in para. 1 are required to transmit it to Fedpol.

The implementing authorities may process sensitive data to the extent required by their duties.

Fedpol determines whether the information transmitted to it is accurate and relevant in the sense of para. 2. It destroys any information that is inaccurate or not important and informs the sender.

The information system may be accessed online by Fedpol personnel responsible for enforcing this act, by the cantonal police authorities, by the FCA, and by specialized services responsible for conducting security checks on individuals as per Art. 31, para. 2, of the Information Security Act of 18 December 2020. The Federal Council establishes the conditions required for data retention and erasure. It details the connection of cantonal security bodies and regulates access rights.

The implementing authorities may communicate personal data referred to in para. 1 to the organizers of sporting events in Switzerland if necessary to order measures aimed at preventing violence during certain events. The data recipients are authorized to communicate it to third parties only within the framework of applying these measures. The Federal Council sets the terms for data processing by recipients and third parties.

Fedpol may communicate personal data to foreign police authorities and security bodies. Art. 61, para. 1, 2, 5, and 6, of the Intelligence Service Act applies by analogy. The data may only be communicated if the authority or body guarantees that it will be used solely to order measures to prevent violence during sporting events. The protection of sources must be guaranteed.

The right to obtain information on data contained in the information system and the right to have data corrected are governed by Arts. 25 and 41, para. 2, let. a, of the Data Protection Act. Fedpol informs the concerned individual of the recording and deletion of data regarding them in the information system.

A person may be subject to a prohibition on leaving Switzerland to travel to a specified country for a determined period under the following conditions: a. a perimeter ban or an obligation to report has been issued against them because they have, during sporting events, verifiably participated in acts of violence directed against persons or property; b. their behavior suggests that they will participate in acts of violence during a sporting event in the destination country.

A prohibition on traveling to a specified country may also be issued against a person who is not subject to a perimeter ban insofar as concrete and recent facts suggest that they will participate in acts of violence in the destination country.

The prohibition on traveling to a specified country takes effect at the earliest three days before and ends no later than one day after the sporting event.

During the duration of the measure, it is prohibited to leave Switzerland with the intention of traveling to the destination country. Fedpol may grant exceptions if the person concerned presents valid reasons for staying in the destination country.

Fedpol issues the prohibition on traveling to a specified country. The cantons may request such prohibitions.

The prohibition on traveling to a specified country is recorded in the computerized police search system (Art. 15 of the Federal Law of June 13, 2008, on the Police Information Systems of the Confederation).

The measures provided for in Arts. 23k to 23n, 23q, and 24c may only be ordered against persons who are at least 12 years old.

The measure provided for in Art. 23o may only be ordered against persons who are at least 15 years old.

Decisions of fedpol concerning the measures outlined in sections 5 and 5a and the decisions of the court concerning coercive measures referenced in Art. 23p may be appealed to the Federal Administrative Court.

The appeal is governed by Art. 48 of the Federal Act of December 20, 1968 on Administrative Procedure. Qualified to appeal are also: a. the cantonal or municipal requesting authority, against the decisions of fedpol; b. fedpol, against the decisions of the court concerning coercive measures.

The appeal does not have a suspensive effect. The instructing judge of the appellate authority may grant ex officio or upon request of a party the suspensive effect when the purpose of the measure would not be compromised.

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The Confederation grants fair compensation to the cantons that are required, to a large extent, to perform protection tasks as defined in Section 5, or in the event of extraordinary occurrences.

The Confederation allocates financial support to the Swiss Police Institute of Neuchâtel for the services provided in favor of the Confederation.

The Confederation and the cantons work together in the field of training related to internal security, notably through joint training programs.

Whoever contravenes the measures referred to in Art. 23 l to 23 q shall be punished with a custodial sentence of up to three years or with a monetary penalty.

The penalty shall be a fine if the offender acted negligently.

Whoever, intentionally or negligently, violates the measure referred to in Art. 23 k shall be punished with a fine.

The prosecution and adjudication of offenses referred to in Art. 29a are subject to federal jurisdiction.

The Federal Council is responsible for the implementation of this Act. It shall issue the implementing provisions.

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