Regulations of the Cantonal Law for the Application of Federal Norms Concerning Coercive Measures in Foreigners' Law Matters (RLAMC) (RLAMC)

The Migration Office of the Population Section is the competent authority for issuing written orders of preliminary detention (Art. 75 of the Federal Act on Foreign Nationals and Integration of December 16, 2005; FNIA), detention pending forced return (Art. 76 FNIA), detention within the framework of the Dublin procedure (Art. 76a FNIA), detention pending forced return due to insufficient cooperation in procuring travel documents (Art. 77 FNIA), precautionary detention and its extension (Art. 78 FNIA), a ban on leaving a territory and a ban on entering a territory (Art. 74 FNIA).

The Cantonal Police

a) interviews the foreign national;

b) executes the orders of the Population Section and the Coercive Measures Judge;

c) decides on substitute measures (Art. 2 Lamc);

d) informs the person designated by the incarcerated person (Art. 81 para. 1 LStrI);

e) orders and carries out personal searches (Art. 70 para. 1 LStrI);

f) collaborates, in agreement with other authorities, in obtaining the necessary certificates;

g) transmits the files to the Coercive Measures Judge;

h) orders detention (Art. 73 LStrI);

i) may order a ban on entering or leaving the territory (Art. 74 LStrI).

The Population Section, Migration Office

a) maintains contact with the relevant cantonal and federal authorities;

b) collaborates with the Cantonal Police in obtaining the necessary certificates;

c) informs the competent Regional Protection Authority if the person is a minor;

d) submits arrest warrants and extension orders with the related documents to the Coercive Measures Judge for examination and approval.

The competent authority of the place where the administrative detention facility is located is the authority responsible for the regime of detention, also in accordance with the provisions of the cantonal agreement concerning the Kloten administrative detention facility of January 1, 2023 (hereinafter the cantonal agreement).

1 The regional child protection authority competent for the place of residence shall examine measures in favour of minors residing in Ticino.

2 The Law on the Support of Family Activities and Child Protection of 15 September 2003 is applicable.

1 Cantonal Police and the judge of coercive measures may conduct interrogations and hearings related to coercive measures via videoconference or other electronic audiovisual transmission tools.

**2 Interrogations and hearings shall be recorded in audio and video. Furthermore, a written record must be prepared. Unauthorized persons may not consult, transmit, modify, store, or delete the recording.**

**3 An oral declaration by the person affected by the coercive measure, attesting to their acknowledgment of the written record, replaces a signature. The declaration shall be included in the written record.**

1. Imprisonment is carried out in premises suitable for the purpose of coercive measures under the aegis of the competent authority of the place where the administrative prison is located, also in accordance with the provisions of the cantonal convention.

2. The organization of the administrative prison or other facilities is established by an internal regulation issued by the competent authority of the place where they are located.

3. Pending transfer to another facility, persons subject to arrest or other coercive measures within the meaning of the LStrI may be temporarily and exceptionally placed in the La Farera facility in accordance with the regulations on prison facilities of the Canton Ticino of December 15, 2010. In such a case, the facility is to be understood as an administrative prison within the meaning of these regulations.

Information (Art. 16 Lamc)

1 Every foreign person incarcerated shall be informed about the organization and functioning of the administrative detention facility, as well as about the rules that must be observed for the proper functioning of the administrative detention facility.

2 The information shall be provided in a language that the foreign person understands; otherwise, the Management of the administrative detention facility may use an interpreter.

Within five days of entering prison, the foreign inmate has an interview with a social worker.

Medical Assistance (Art. 17 Lamc)

The foreign person imprisoned benefits from medical assistance from the Medical Service of the administrative prison.

The foreign individual in detention can benefit from social assistance provided by the competent social service for the location where the administrative detention facility is situated.

1 Every foreign person imprisoned is guaranteed the right to freely practice their religious confession, subject to the structural and organizational conditions of the administrative prison.

2 The foreign person imprisoned may avail themselves of spiritual assistance from assigned ministers.

Work (Art. 18 Lamc)

1. Foreign detainees have the possibility to engage in remunerated work.

2. As far as possible, the management of the administrative detention facility provides work for foreign detainees, taking into account their abilities, needs, as well as the requirements of the administrative detention facility and those related to removal.

3. Remunerated daily compensation is provided for the work performed, the amount of which is determined by the competent authority of the place where the administrative detention facility is located, in accordance with the cantonal agreement.

Walks and Physical Exercise (Art. 19 Lamc)

In addition to the daily right to outdoor exercise, the foreign inmate has the opportunity to engage in physical exercises outdoors in the specific areas reserved for outdoor exercise.

Correspondence (Art. 20 Lamc)

1 Incoming and outgoing postal and electronic correspondence is not restricted in principle, subject to the legal and organizational conditions of administrative detention.

2 Telephone and electronic correspondence, at the expense of the detained foreign national, is regulated by internal provisions.

Visits (Art. 21 Lamc)

The times and duration of visits are established by the internal regulations.

1. Detained Foreign Persons

Detained foreign persons shall observe the provisions of these Regulations and other legal provisions concerning them.

2. They shall be subject to administrative detention discipline and shall comply with the provisions and orders issued to them.

Sanctions (Art. 24 Lamc)

In case of non-observance of disciplinary rules, the competent authority of the place where the administrative prison is located, also in conformity with the provisions of the cantonal convention, applies the disciplinary sanctions provided for by the internal regulations of the structure.

Complaint (Art. 25 Lamc)

1 Foreign detainees may submit requests or complaints to the competent authority of the place where the administrative detention facility is located, also in accordance with the provisions of the cantonal convention.

2 Complaints against sanctions under Article 18 are to be submitted to the competent authority of the place where the administrative detention facility is located, also in accordance with the provisions of the cantonal convention.

3 The complaint procedure is subject to the procedural rules in force at the place where the administrative detention facility is located, also in accordance with the provisions of the cantonal convention.

1. No foreign person may be released from custody without a written order, dated and signed by the competent authority.

2. Cases where the date of release was already foreseen remain reserved.

The Regulation concerning the Cantonal Act on the Implementation of Federal Provisions relating to Coercive Measures under Foreigners' Law of 28 May 1997 (RLamc) is repealed.

The present regulation comes into force immediately.

Published in the Official Gazette 2025, 378.