Ordinance of November 2, 2016, concerning the Federal Law on the International Convention for the Protection of All Persons from Enforced Disappearance - Coordination Services

The Federal Office of Police (fedpol) is the federal coordination service as per Art. 4, para. 2, of the law.

The cantons shall designate the cantonal service responsible for coordination to the federal coordination service and shall inform it of any changes in this regard.

Communication between the federal coordination service and the cantonal coordination services, as well as the federal services responsible for the enforcement of deprivations of liberty, shall be conducted in a secure manner.

The Federal Department of Justice and Police sets the technical requirements that this communication must meet.

The request for information must contain the following details: a. the last name, first name, date of birth, nationality, address, and telephone number of the applicant; b. the last name, first name, date of birth, nationality, and, if these details are known, marital status and address; c. details on the relationship between the applicant and the person being sought; d. details on the last contact between the applicant and the person being sought; e. the reasons for which the applicant suspects enforced disappearance.

The federal coordination service initiates the search within the network immediately after receiving a complete request for information.

It sets a response deadline for each search initiated within the network, in accordance with Art. 6, paragraphs 2 and 3, of the Act.

The allotted time is 6 working days. If the request is particularly urgent due to circumstances, the deadline may be appropriately shortened. If the search proves to be particularly complex, the deadline may be extended.

The cantonal coordination services and the competent federal services determine within the allotted time whether the sought individual is deprived of liberty. The search is limited to institutions where the deprivation of liberty takes place in a closed environment.

In addition to the information specified in Art. 6, para. 3, of the law, details are communicated to the federal coordination service on how to contact the sought person to obtain their consent.

If the purpose of the investigation prohibits the communication of information, pursuant to Art. 214, para. 2, of the Code of Criminal Procedure, the cantonal coordination service or the competent federal service must immediately inform the federal coordination service.

The consent of the sought person, required in accordance with Art. 7, para. 2, of the law, must be provided in writing or in any other form that allows it to be proven.

The federal coordination service processes data in the case and record management system of fedpol. The data is recorded separately from any other data.

The following data are recorded: a. the surname and first name, date of birth, nationality, and civil status of the person deprived of liberty; b. the date, time, and place where the person was deprived of liberty and the authority that carried out the deprivation of liberty; c. the authority that decided on the deprivation of liberty and the reasons for the deprivation of liberty; d. the authority supervising the deprivation of liberty; e. the place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty, and the authority responsible for the place of deprivation of liberty; f. details relating to the health status of the person deprived of liberty; g. the date and time of release or transfer to another place of detention, the destination, and the authority responsible for the transfer; h. in case of death during the deprivation of liberty, the circumstances and causes of death as well as the destination of the deceased person's remains; i. the information to contact the person being searched for; j. the surname and first name, date of birth, and nationality of the applicant; k. the address of the applicant; l. details on the relationship connecting the applicant and the person being searched for; m. details on the last contact between the applicant and the person being searched for; n. information on the reasons why the applicant suspects an enforced disappearance; o. the records and correspondence related to the request for information.

The staff of the Federal Office of Police responsible for managing the federal coordination service may enter, modify, or destroy data, provided that the fulfilment of the tasks assigned to them by law requires it.

Data contained within the case and records management system will be destroyed 20 years after their initial entry.

The archiving of data is governed by Art. 38 of the Federal Data Protection Act of September 25, 2020, and by the provisions of the Federal Archiving Act of June 26, 1998.

This Ordinance enters into force on 1 January 2017.