Federal Law of March 20, 2009 on the Commission for the Prevention of Torture (torture) - Purpose

The Confederation establishes a commission for the prevention of torture (commission).

The commission ensures that Switzerland complies with the obligations incumbent upon it under the Convention of December 10, 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The commission has the following tasks: a. it regularly examines the situation of persons who are deprived of their liberty and regularly inspects the locations where these persons are or may be found; b. it makes recommendations to the competent authorities in order to: 1. improve the treatment and situation of persons deprived of their liberty, 2. prevent torture and other cruel, inhuman, or degrading treatment or punishment; c. it makes proposals and observations on existing legislation or legislative projects in this matter; d. it drafts an annual report on its activities; this report is accessible to the public; e. it maintains contact with the Subcommittee on Prevention and the European Committee for the Prevention of Torture, provides them with information, and coordinates its activities with theirs.

For the purposes of this law, deprivation of liberty refers to any form of detention or imprisonment of a person, or their placement in a public or private institution from which they are not permitted to leave at will, on the order of a public authority, at its instigation, or with its consent.

The commission carries out its tasks with complete independence.

Its members perform their duties in a personal capacity.

The commission consists of twelve members.

It is composed of experts with the necessary professional and personal skills and knowledge, particularly in the medical, psychiatric, legal, and intercultural fields, as well as in matters of deprivation of liberty and visits to places of deprivation of liberty.

Both genders and the linguistic regions of the country are adequately represented.

The Federal Council appoints the members of the commission upon the proposal of the Federal Department of Justice and Police and the Federal Department of Foreign Affairs.

Non-governmental organizations may propose candidates to the Federal Department of Justice and Police and the Federal Department of Foreign Affairs.

The members of the commission are appointed for a term of four years. They may not be reappointed more than twice to their positions.

The commission constitutes itself.

It establishes its organization and working methods in a regulation.

Within the limits of its budget, it may employ the services of experts and interpreters.

The commission may have a permanent secretariat.

The commission has access to the information it needs to fulfill its duties, including information on: a. the number and identity of persons deprived of liberty as well as the location where they are held; b. the number and location of places of deprivation of liberty; c. the treatment that persons deprived of liberty undergo and the conditions of their deprivation of liberty.

It has access to all places of deprivation of liberty as well as to their facilities and equipment. It may visit these places without prior notice.

It may converse without witnesses with any person deprived of liberty, either directly or through an interpreter, as well as with any other person likely to provide it with the information it needs.

The Federal Council shall ensure the publication and dissemination of the commission's annual activity report.

The competent authorities shall evaluate the proposals submitted to them by the commission and provide an opinion on their implementation.

The commission is authorized to process sensitive data and other personal data in accordance with the Federal Act of 25 September 2020 on Data Protection, provided that the fulfillment of its tasks requires it and that this data concerns the situation of individuals deprived of liberty or relates to it.

No personal data may be disclosed without the express consent of the person concerned.

Members of the commission and individuals in the service of whom the commission engages are bound by official secrecy pursuant to Art. 320 of the Penal Code.

The commission may release its members and the persons it engages from official secrecy or, where applicable, professional secrecy pursuant to Art. 321 of the Penal Code, concerning secrets entrusted to them in their capacity as commission members or acquired by them in such capacity. In urgent cases, the president of the commission shall decide.

The Confederation shall cover the necessary resources for the commission to accomplish its tasks.

The members of the commission are entitled to reimbursement of their expenses.

The Federal Council shall regulate the entitlement to compensation.

The Federal Council shall appoint the first president of the Commission.

Date of entry into force: 1 January 2010