Regulation Concerning Detention under Foreign National Law - Subject Matter

1. This regulation determines the place and conditions of detention, which is ordered in the context of coercive measures in immigration law as short-term detention, enforced detention, preparatory detention, or deportation detention.

1. The Office of Population and Migration is the authority responsible for orders in the area of coercive measures under foreign nationals law. All decisions regarding the transfer of a person detained in the Department of Coercive Measures must be submitted to this office in advance, with the exception of disciplinary measures. Urgent measures remain reserved.

1. Inmates are entitled to correct and humane treatment.

2. Their rights may only be restricted to the extent necessary for the purpose of execution, institutional order, and communal living.

3. Restrictions must be proportionate to the pursued objective.

1. Detainees must comply with the provisions of these regulations.

2. They must adhere to the general and specific orders and are subject to the disciplinary rules provided for in these regulations.

3. If they intentionally or with gross negligence cause damage or incidents that incur costs, they are liable to compensate the state for the damages. The owed compensation may be partially deducted from the detainee's earnings or personal account balance.

1. In the application of these regulations, the Director of the Freiburg Penal Institution (the Director) or his deputy shall take into account the age of a minor inmate. For this purpose, after obtaining the opinion of the Office for Population and Migration, he may deviate from the regulations in favor of minor inmates.

1. Detention is carried out in a closed unit of the central prison (the institution).

2. The Office for Population and Migration may order the transfer of the detained person to a facility located outside the canton, specifically designated for the enforcement of coercive measures in immigration law, based on the stage of the proceedings, the number of detention places available in the institution, or the behavior of the detained person.

1. Detainees must not be housed in the departments for pre-trial detention, security detention, and penal enforcement.

2. The principle of separation from other categories of detainees generally also applies to walks, recreational activities, meals, and work.

1. The Office for Population and Migration and the Compulsory Measures Court shall inform the Director or their deputy of their decisions regarding detention and any particularities applicable to the detainee concerning the conditions of detention.

1. Every new admission to the institution shall be recorded in the inmate register, noting the personal details of the detainee, the reason for admission, the date, and time of entry.

2. If the new entrant is ill or injured, or if there are doubts about their fitness for detention, a doctor or the prison nurse shall be consulted.

3. As a rule, an admission interview with the department head or one of their deputies shall take place within 48 hours.

1. Every detainee must have the opportunity to review this regulation. A copy will be provided upon request.

2. Additionally, upon admission, every detainee shall be given an information leaflet outlining their most important rights and obligations and the institution's operational procedures. The leaflet shall be drafted, as far as possible, in the detainee's native language, or else in a language they are familiar with.

3. The information leaflet specifically contains the following information

a) the detainee's right to assistance by a public defender;

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

c) the detainee's right to access an institutional chaplain.

1. Upon admission, each inmate is subjected to a search of their effects, which generally includes a search of the inmate; Article 23 paragraphs 2 and 3 are applicable.

2. The inmate is generally allowed to freely manage their personal effects. The head of the department or one of their deputies shall confiscate dangerous items, prohibited substances, items that could facilitate an escape from the facility, and those which could disrupt order within the institution.

3. Medications are taken from the inmate; they are administered on the doctor’s orders.

4. Money is to be deposited against a receipt. The inmate can dispose of it freely. Upon request, the inmate will be informed of their account balance.

1. An inventory shall be prepared of the items taken from the detainee. This must be signed by the detainee, who shall receive a countersigned copy.

2. The return of the confiscated or seized items shall occur against receipt upon release.

3. The director or their deputy may order the confiscation and destruction of the seized items. In such cases, the appropriate authorities shall be notified.

**1. Before Departure**

The institution's staff, together with the detained person, ensures the assignment and preparation of luggage in accordance with the regulations of the airlines. If necessary, suitcases or sports bags are provided to the detained person.

**2. The detained person is informed of the maximum number of luggage pieces they are allowed to take upon departure from Switzerland. They may notify a contact person of their choice, who can bring the luggage to the institution. Additionally, the detained person is informed that luggage not taken upon departure or collected by the contact person will either be donated to a charitable institution or destroyed.**

1. Detainees may be accommodated in communal cells.

2. Each detainee is responsible for order and cleanliness in the cell. He shall be liable for any damage caused to the furniture or facilities in accordance with Article 3 paragraph 3 of these regulations.

1. Detained individuals shall wear their own clothes; hygiene regulations must be observed.

2. Those who do not have sufficient personal laundry shall be provided with it upon request.

1. Inmates are prohibited from disturbing the recreation and peace within the institution.

1. The head of the department or one of his deputies offers the inmates work and activities as far as possible.

2. Inmates can procure work for themselves. This must be compatible with the institutional regulations.

3. Inmates cannot be compelled to work except for internal service duties.

1. Prisoners receive a share of earnings for the work provided to them by the institution. The regulations of the Western Swiss Conference of Cantonal Authorities responsible for the enforcement of penalties and measures apply accordingly.

2. For other work, prisoners are entitled to the full wage.

1. During his stay in the institution, an inmate who does not perform paid work shall be credited with an amount per day, determined by the director or his deputy, to cover his incidental expenses.

1. Inmates shall receive three meals per day.

2. They are not allowed to receive meals from outside.

1. Right to Special Diet

On request, the right to a special diet shall be granted particularly to

a) inmates who require a special diet based on medical orders;

b) inmates who follow specific dietary rules due to religious beliefs.

1. Orders from the director or their deputy apply to purchases made at the kiosk and for external purchases.

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

2. The dispensing of medically prescribed medications is subject to supervision.

3. The provisions of these regulations concerning seizure and confiscation remain reserved.

1. Every inmate must adhere to the hygiene regulations and wash daily, specifically upon waking.

2. They must use the showers available to them at least once per week.

1. The search of inmates as well as their personal effects and their cells is permitted.

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

3. If there is suspicion that unauthorized objects or substances have been brought into the facility, inmates may be subjected to an examination that also includes intimate body parts. This examination must be carried out by a doctor or the prison nurse according to the modalities established by the health service.

4. The director, the head of department, or one of his deputies may order a urine test or a breathalyzer test.

1. If there is an increased risk of flight for an inmate or the suspicion that the inmate intends to inflict bodily harm on someone, intentionally injure themselves, or damage property, the director, department head, or a deputy may implement special measures.

2. Special measures include, in particular

a) the withdrawal of items or furnishings;

b) the transfer to another cell or facility.

3. These measures shall be applied for as long as necessary.

1. Inmates shall be given the opportunity to spend at least one hour per day outdoors.

2. Inmates who are considered a flight risk shall go for their walk individually.

1. Sick and injured inmates are entitled to medical assistance appropriate to the circumstances.

2. At the request of the incarcerated person, the prison doctor (the physician) or the prison nurse shall be consulted; if circumstances require, the physician shall be consulted ex officio.

3. An inmate who wishes to have a medical consultation shall report this to the staff on duty; this staff shall inform the prison nurse. In urgent cases, the doctor and the prison administration shall be notified immediately.

1. The institution's health service takes the appropriate and necessary medical measures. The health service alone is responsible for determining the fitness of the detained person to remain in detention for reasons of physical or mental health. The doctor may consult specialists. Dental care is provided only in urgent cases.

2. If, due to the health condition of the detained person, an urgent transfer to a hospital is indispensable, the institution's management shall order the necessary measures after consulting the doctor. The Office for Population and Migration will be informed no later than the following working day. The administrative detention is interrupted for the duration of the transfer.

1. Medical expenses and the costs of medication shall be covered by the state if the personal resources of the inmate are insufficient, or if the expenses are not covered by insurance or borne by an institution.

1. The institution's social welfare service is tasked with the social welfare of the inmates.

2. Its duties particularly include supporting inmates who have personal, economic, and family issues, as well as, if necessary, managing the inmates' relationships with authorities and third parties.

1. Detained individuals may request the services of an institutional chaplain or, if they belong to a religious community that does not provide an institutional chaplain, of a recognized representative of that community.

2. Institutional chaplains and representatives of other religious communities are permitted to visit the detained individuals outside regular visiting hours; they may converse with the detained individuals without supervision.

1. Detained persons are permitted to participate in religious services that are held or broadcast in the prison.

1. Visits by the prison chaplain and the right to participate in prison religious services may be restricted or revoked for security or order reasons.

1. Detainees are allowed to spend most of their time together during the day. However, they may be confined to their cells for security reasons.

1. Inmates may borrow books from the institution's library.

2. They are allowed to order books at their own expense and subscribe to newspapers or magazines.

1. Inmates are permitted to use the television and radio equipment provided by the institution from the first day. Personal television and radio equipment is not allowed.

2. The possession and use of other devices and instruments will be regulated on a case-by-case basis by the head of the department or one of their deputies.

1. Inmates are permitted to engage in artistic work, handicrafts, or other leisure activities at their own expense in their cell or in designated areas.

2. The permissible tools and materials are determined on a case-by-case basis.

1. The inmates are permitted to participate in distance learning courses at their own expense.

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

1. Detainees are permitted to make phone calls, receive visits, and send and receive letters and packages in accordance with these regulations.

2. Phone calls and conversations with visitors are generally not monitored.

**1. Visits and other contacts with the outside world may be restricted or suspended for reasons of order or security. If a parcel is not forwarded to the inmate, the sender will be informed so they can decide its disposition.**

**2. The director or their deputy may order the monitoring of telephone conversations if there is a serious suspicion of misuse, risk of escape, or a threat to the institution's security.**

**3. For security reasons, the contents of envelopes and parcels may be inspected.**

1. Correspondence and telephone conversations with Swiss authorities and defense attorneys shall not be monitored.

1. The inmates are allowed to receive visits at least three times per week.

2. A one-hour visit takes place on Saturday according to a schedule generally set by the director or their deputy. The remaining visits occur according to a schedule specifically agreed upon with the director or their deputy.

1. Each inmate is generally allowed to receive only two visitors per visit.

2. Visitors must comply with the instructions of the facility staff; upon request, they must identify themselves and state the purpose of their visit.

3. Items may be handed over during visits only with the permission of the facility staff.

4. If there are specific indications suggesting a drug-related offense or other security threats, visits shall take place in a cabin equipped with a partition.

5. For security reasons, permission to visit may be conditional upon the visitor consenting to a search.

1. Items Contained in Packages Shall Only Be Handed Over to the Inmate if Their Possession is Permitted.

1. The detainee shall have access to the telephone. The relevant arrangements shall be determined by the director or his deputy.

2. The costs for using the telephone for personal purposes shall be borne by the detainee.

1. Visitors are permitted to hand over cash to the staff for the detainee. The transfer of money is conducted against a receipt.

1. Any inmate who violates the provisions of this regulation, disregards the instructions of the director or their deputy, fails to follow orders from the staff, or disrupts the institution's operations, shall be subject to disciplinary punishment. Complicity and incitement are also punishable.

2. In particular, the following may be punished

a) escape and attempted escape;

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

c) procurement and possession of weapons or dangerous objects;

d) disruption of work operations;

e) unauthorized contact with persons outside the institution or with other inmates;

f) any criminal act.

1. The following disciplinary measures may be imposed

a) Reprimand;

b) Restrictions of up to 30 days;

c) Fine of up to 1,000 Swiss francs;

d) Severe solitary confinement for up to 15 days.

2. The restrictions may include, in particular: prohibition of purchasing, prohibition or restriction of contact with the outside world, except with authorities and defense attorneys, as well as the withdrawal of work, recreational activities, tobacco products, and television. The restrictions must be commensurate with the severity of the offense.

3. No restrictions are allowed concerning medical care, social welfare, spiritual services, correspondence, and, from the third day, outdoor movement.

4. Disciplinary measures may be cumulative.

5. Civil and criminal liability remains reserved.

1. Authority to Impose Disciplinary Punishments

The director or their deputy is authorized to impose disciplinary punishments. However, the Directorate of Security, Justice, and Sports is responsible for imposing strict cell confinement of 10 days or more.

2. Disciplinary punishments are imposed after hearing the inmate. Strict cell confinement is communicated in writing. Other disciplinary sanctions are communicated orally and confirmed in writing if the affected person requests it within 10 days.

3. The Directorate of Security, Justice, and Sports is informed about the imposed punishments; if strict cell confinement is ordered against a person, the prison's health service must also be informed.

4. The department head or their deputies are responsible for all precautionary measures necessary before or during the investigation to ensure the orderly conduct of the investigation (such as confining the detained person in the cell, coercive measures...); the director or their deputy is informed as soon as possible.

1. The inmate is entitled to speak with the department head or the director.

1. The Inmate has the right to complain about the conduct of the prison staff or the warden. The complaint must be filed within ten days following the disputed conduct.

2. Complaints against the staff are to be submitted orally or in writing to the warden; an oral complaint will be recorded in a protocol, which must be signed by the inmate.

3. Complaints against the warden must be submitted to him in a sealed envelope addressed to the Department of Security, Justice, and Sports.

1. Decisions made by the Director or their deputy can be appealed to the Department of Security, Justice, and Sports.

2. Otherwise, the Administrative Justice Act applies.

1. When a detained person is transferred to another institution, the Office for Population and Migration shall inform the Court for Compulsory Measures.

1. The Regulation of July 4, 1995, for District Prisons (BGR) (SGF 341.2.11) is amended as follows

...

2. The Regulation of the Central Prison of July 6, 1993 (SGF 341.2.21) is amended as follows

...

1. This regulation shall enter into force on May 1, 1997.

2. It shall be published in the Official Gazette, included in the Official Register of Laws, and issued as a special print.