1 State - People - Authorities - 13 Citizenship - Establishment - Residence - 132 Establishment and Residence - Chapter 1 Scope of Application (CEDA)

The execution of administrative detention ordered under the federal legislation on foreigners is governed by the present concordat

b) if it takes place in a concordat facility.

1. The execution of administrative detention for a duration of less than 96 hours is not imperatively governed by the concordat. The Conference, defined in Article 4 below, may modify this duration by a unanimous decision.

2. The execution of other coercive measures provided by federal law (house arrest, prohibition from entering a designated area, search, seizure) is not governed by the concordat.

3. However, the concordat bodies may establish recommendations on short-term detention or other coercive measures, especially when they have inter-cantonal implications.

1 The signatory cantons remain competent particularly in the following domains

a) designation of the competent administrative or judicial authorities pursuant to Article 13c of the Foreign Nationals and Integration Act (FNIA);

b) arrangement of legal remedies related to the decision on detention, the maintenance of detention, or the lifting thereof;

c) assistance, legal aid, and representation of the concerned persons;

d) preparation and execution of expulsion.

2. By virtue of a specific agreement with the cantonal authority of the place of detention, a signatory canton may delegate the material execution of the expulsion to that authority.

The organs of the concordat are

a) the Conference of the Romandy Heads of Departments Competent in Matters of Foreign Police (hereinafter: the Conference);

b) the Secretariat of the Conference;

c) the Concordat Commission;

d) the Advisory Commission. Concordat on the Administrative Detention of Foreigners.

1. The Conference is the superior body of the concordat.

2. The Conference drafts implementing regulations for the concordat in areas it deems necessary. These regulations are adopted by the concordant cantons according to the rules of their internal law.

3. It adopts guidelines for the concordant cantons in areas it deems necessary.

4. It makes decisions that fall within its competence as provided by the concordat.

5. It oversees the application and interpretation of the concordat.

6. It may address recommendations and proposals to the concordant cantons.

7. It is competent to enter into agreements with a non-concordant canton or an inter-cantonal organization for the extraconcordat execution of administrative detention.

8. It ensures the professional training and continuous education of the staff of concordant institutions and the staff of the concordant cantons involved in the execution of administrative detention.

1 The Concordat Commission is tasked with

a) studying the issues submitted to it by the Conference, its secretariat, or one of its own members;

b) submitting to the Conference, through its chairman, any useful proposals for the implementation of the concordat.

1. The Conference is composed of a representative from each of the signatory cantons, who is a State Councillor appointed by the cantonal government to which they belong.

2. The members of the Conference may be assisted by their collaborators responsible for the implementation of administrative detention. Members of the management of the signatory institutions may also attend the sessions. The Conference may also invite one or more representatives from the advisory commission.

1. The Conference appoints its chairman.

2. It establishes a secretariat, the expenses of which are jointly borne by the concordat cantons. It determines the contribution of each canton.

3. It meets at least once a year and whenever a concordat canton requests it.

4. It determines its mode of procedure.

1. The Conference Appoints Its Secretary.

2. The Secretary Prepares the Sessions of the Conference, Submits Proposals to It, and Keeps the Minutes.

3. He Ensures the Implementation of the Decisions of the Conference and Carries Out the Tasks Entrusted to Him by It.

1. The concordat commission is composed of individuals responsible for the implementation of the LMC in the concordat cantons, as well as the management of the concordat establishments.

2. The members are appointed by the head of the department to which they are accountable and by the board of the Foundation defined in Article 32 below.

3. It is chaired by the secretary of the Conference.

4. The concordat commission establishes its own procedural rules.

1 The advisory commission is composed of one representative per canton, appointed by the canton, selected – outside of the administration and authorities – from among the aid organizations active in the reception or assistance of foreigners.

2. A representative of the concordat commission, appointed by it, attends the meetings with advisory capacity.

3. The advisory commission determines its own procedures.

1 The advisory commission is tasked with

a) conducting studies requested by the Conference or its secretary;

b) submitting to the Conference, via its secretary, or to the concordat commission, through its president or representative, all proposals it deems appropriate.

1. Administrative detention takes place in a closed facility.

2. The management of the facility (hereinafter: the management) may order solitary confinement if it is deemed necessary to ensure the protection of the detainee or that of a third party, or as a disciplinary sanction.

1. The detainee has the right to respect and protection of their dignity, physical and mental integrity, and religious beliefs.

2. The exercise of the detainee's rights may only be restricted to the extent required by the deprivation of liberty, the requirements of collective life within the establishment, or the normal operation of the establishment.

1. Upon his arrival at the facility, the inmate is informed in a language he understands about the rights and obligations stemming from the facility's regulations, as well as the conditions of detention. A list of support services and legal aid offices is provided to him.

2. The administration offers the inmate the option to notify a person of his choice, residing in Switzerland, of his detention.

1. Female detainees shall be separated from male detainees to the greatest extent possible, at least during the nighttime rest.

2. The administration may authorize exceptions to accommodate family ties.

1. The inmate retains possession of their personal belongings.

2. The administration may confiscate dangerous objects, those that may facilitate an escape, and those likely to seriously disrupt internal order.

3. The cantonal authority may seize these objects, provided that its legislation allows it.

4. The inmate's money is placed on deposit with the institution.

5. The inmate's assets, increased by deposits made in the meantime by the institution or third parties and decreased by the amount of payments charged to the inmate (e.g., purchases, rentals or repairs, various invoices), are returned to them against receipt upon their release from the institution.

1 As soon as possible and no later than the fourth day following their admission to the facility, the detainee undergoes a medical examination.

2. The facility organizes a medical service that provides for outpatient care and emergency treatment.

1 The administration offers the inmate, as far as possible, paid occupations and various activities.

1. As a general rule, the inmate may freely access an outdoor area during the day.

2. They have the right to at least one hour of outdoor exercise per day, from the beginning of their detention.

1. The inmate may correspond freely.

2. Except for the mail from the legal representative, incoming mail may be inspected if there are serious indications of the presence of dangerous or illicit items. The inmate is informed of the inspection.

1. The inmate may receive visitors freely and without supervision.

2. The organization of the institution may justify restrictions on the frequency and duration of visits. The inmate is entitled to at least two hours of visitation per week.

3. Visitors may be searched. The management may order the supervision of visits if there are serious indications of abuse, risk of escape, or endangerment to the security of the institution. The visit from the legal representative cannot be supervised.

1. The detainee may freely communicate by telephone or facsimile, at their own expense.

2. The administration may order the monitoring of communications if there are serious indications of abuse, risk of escape, or endangerment of the institution's security. Communications with the legal representative cannot be monitored.

1. The institution provides the detainee with television and radio devices. It may require the detainee to contribute to the expenses.

2. The institution has a library.

3. The detainee may subscribe to newspapers and magazines of their choice at their own expense.

1. During their stay in the facility, the detainee receives a daily amount credited to their account, set by the Conference, to cover minor expenses.

2. A detainee who has a paid occupation receives a daily amount credited to their account, as determined by the Conference.

1. The detainee may be searched. Their personal belongings and their room may be inspected.

2. Body searches must be conducted by a person of the same sex.

1. The administration may impose a disciplinary sanction on an inmate who willfully violates the rules of the detention regime or the facility's regulations.

2. Disciplinary penalties include a written warning, the withdrawal of acquired benefits, and solitary confinement. Solitary confinement may not exceed five days.

1. The prisoner has the right at all times to obtain a meeting with the management.

2. The prisoner has the right at all times to lodge a complaint regarding his detention conditions or the restrictive measures imposed on him. The complaint can be addressed to any cantonal or concordat authority.

1 A concordat regulation establishes the conditions and general modalities of the detention regime. It prescribes the avenues and authorities for appeals.

1 The concordat cantons have the following facilities for the enforcement of administrative detention of foreigners

a) the facility or facilities managed by the concordat foundation;

b) the facility or facilities managed by one of the concordat cantons, recognized by the Conference.

2. Recognition (as referred to in letter b above) is decided by the Conference in consideration of the canton facility's compliance with the material conditions and qualitative requirements applicable to administrative detention. It may be subject to conditions or time limitations.

1. The Conference sets the boarding price for each contract-compliant establishment.

2. The boarding price aims to cover costs. It may vary depending on whether the canton ordering the placement is a concordat canton or not.

1 A public law foundation (hereinafter: the Foundation) shall be established by the Conference, which shall determine its seat and the constitutive act according to the following essential elements

a) the purpose includes, in particular, – studying and defining the infrastructure needs for administrative detention, – establishing, operating, and managing one or more facilities for implementing administrative detention;

b) the foundational capital is subscribed by the contracting cantons at the rate of 100,000 francs (one hundred thousand francs) each, with further or partial subscription in the event of partial adhesion being reserved.

1. The Foundation submits its budget and accounts to the Conference for approval. It provides an annual activity report to the Conference.

2. Any potential deficit of the Foundation shall be covered as follows

a) by the host canton(s) of the institutions, up to an amount determined by the Conference based on the economic benefits and other impacts for the host canton;

b) the balance shall be covered by the concordat cantons in proportion to their resident population. The Conference shall make a decision about this at least annually and may take into account the use of a recognized cantonal institution for the benefit of another concordat canton.

1 The Conference establishes the Foundation and sets its statutes by regulation, within the meaning of Article 5 above.

1. Concordat Cantons agree to place administrative detainees under their jurisdiction in concordat establishments.

2. The establishment is obliged to accept these detainees.

3. The placement or transfer of a detainee to a non-concordat establishment remains reserved under particular circumstances, notably for reasons of security or health.

4. If, during detention, the management deems that a detainee must be transferred to another establishment, it submits a request to the executing authority of the canton that ordered the detention.

1. The competent authority of each canton (executing authority) shall proceed with the placement or transfer at its own discretion, particularly in consideration of the administrative formalities to be completed, the foreseeable modalities of deportation, and considerations of security or order within the facility.

2. This executing authority remains solely competent to, among other things

a) order the termination of detention, whether for release, deportation, or transfer to another authority;

b) impose restrictions on the general detention regime established by the facility's regulations;

c) make any arrangements regarding the assets deposited in the account by the detainee upon entry into detention;

d) take all necessary measures to prepare, undertake, facilitate, and ensure the steps leading to the detainee's departure from Switzerland.

3. The management is competent for any decision related to the detention regime, the order, and the security of the facility.

1 The regulation of concordat institutions is adopted by the Foundation or by the canton to which the institution belongs. It is subject to the approval of the Conference, upon the proposal of the concordat commission. It must not contain anything contrary to the concordat or its implementing provisions.

1. The monitoring of detention conditions in concordatory establishments is carried out by a visitors' committee (hereinafter: the committee) and by each of its members in accordance with the procedures determined by the committee.

2. This committee is composed of three to nine individuals selected based on their professional expertise in the field of detention, their independence, and their political neutrality.

3. The members of the committee are appointed for four years by the Conference.

4. Their mandate is renewable.

5. The committee establishes its own procedures. It may engage experts whose mission is temporary or special, and whose mandate is communicated to the Conference.

6. The Conference decides on the other terms of the mandate entrusted to the committee.

7. The expenses of the committee are charged to the budget of the Conference Secretariat.

1. The committee exercises its oversight by

– Visits to places of detention;

– Visits to detainees, with whom it may converse without witnesses;

– Discussions with the management and staff of detention facilities;

– Requesting the communication of any relevant document held by the Foundation, the contracting cantons, or the contracting bodies;

– Hearing any person it deems useful to interview.

2. The committee submits a written report to the Conference concerning its visits. It may also report orally. The committee reports on its findings and may make proposals or recommendations. It also reports on specific requests from the Conference or a contracting canton.

3. The committee's reports are confidential. The terms of any potential publication are jointly determined by the committee and the Conference. The Conference decides on the communication of visit reports to the judicial authorities.

4. The committee and each of its members, as well as the experts designated on a case-by-case basis, have free access to all premises and to all detained persons.

1. Under the benefit of a specific mandate, a concordat canton may entrust the committee with the supervision of detention conditions not covered by the concordat.

2. In this case, the conditions of supervision must not be less extensive than those provided for by the concordat.

1. Concordat cantons may designate authorities and officials who are authorized to visit the establishments.

2. Judicial authorities of the concordat cantons responsible for ordering detention, controlling its grounds, extending or lifting it, may access the establishments in order to exercise their legal powers.

3. The Foundation is competent to authorize visits to places of detention by other persons, including members of the advisory commission.

1. Subject to being covered by the detainee or a third party, the necessary medical expenses are borne by the executing authority of the canton that ordered the detention.

2. The Conference may decide on the arrangements.

3. The consequences of an accident occurring during detention are assumed by the establishment.

**1. The Conference and the secretary maintain concordat relations with federal authorities, without prejudice to the usual relations of the concordat cantons with the Confederation.**

2. The Foundation corresponds directly with federal authorities regarding the application of Article 14e, paragraph 1 of the LSEE and benefits from any federal benefits, subject to the competencies of the establishment's owner as applicable.

3. The cantonal enforcement authority corresponds directly with federal authorities regarding the application of Article 14e, paragraph 2 of the LSEE. It collects any potential federal contributions.

1 The management is authorized to request the assistance of the public force from the canton where the establishment is located.

1 Any dispute between signatory cantons or subordinate bodies of the concordat shall be adjudicated by the Conference as the sole instance.

1. In its Articles 1 to 12, 30 to 34, and 43 to 49, the concordat shall enter into force on February 1, 1997, provided it has been approved by the competent authorities of at least two cantons. This approval must be published by the cantons according to the rules of their legislation.

2. The entry into force of the other provisions of the concordat shall be decided by the Conference, which shall communicate the date to the concordant cantons, particularly for publication.

1 The concordat is open to the subsequent accession of any Swiss canton that approves it in accordance with its legislation. The application for accession is submitted to the Conference, which determines the terms of such accession, particularly concerning the financial contributions and participation in the Foundation's capital.

1. The execution of ongoing administrative detention at the time of entry into force or subsequent accession is governed by this concordat, unless the former law is more favorable to the detainee.

2. The Conference regulates other issues related to the transitional period.

1. Each of the concordat cantons may terminate the concordat at the end of a calendar year, with a notice period of two years.

2. The notice of termination must be sent by the cantonal government to the president of the Conference.

The above Concordat is signed on Thursday, July 4, 1996, in Bellevue, Canton of Geneva, by the following members of the Conference of the Heads of the Department of Justice and Police of French-speaking Switzerland and Ticino: on behalf of the head of the Department of Justice, Police, and Military Affairs of the Canton of Vaud, Mr. Vincent Grandjean, Secretary General of this department, Mr. Maurice Jacot, head of the Department of Justice, Health, and Security of the Canton of Neuchâtel, Mr. Gérard Ramseyer, State Councillor in charge of the Department of Justice and Police and Transport of the Canton of Geneva.