CONCORDAT on the execution of administrative detention of foreign nationals (C-DAE) (C-DAE)

1. The execution of administrative detention ordered under federal foreigners legislation is governed by this concordat

a. if it falls to a signatory canton,

b. if it takes place in a concordat institution.

**1. Execution of Administrative Detention**

1. The execution of administrative detention for a duration of less than 96 hours is not mandatorily 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 to enter a specific region, search, seizure) is not governed by the concordat.

3. However, concordat authorities may establish recommendations on short-term detention or other coercive measures, particularly when such measures have inter-cantonal implications.

1. The signatory cantons remain competent, in particular, in the following areas

a. designation of the competent administrative or judicial authorities within the meaning of Article 13c LSEE [B],

b. organization of legal remedies relating to the decision of detention, its maintenance, or its lifting,

c. assistance, legal aid, and representation of the persons concerned,

d. preparation and execution of removal.

2. Under a specific agreement with the cantonal authority of the place of detention, a signatory canton may delegate to it the material execution of the removal.

1. The bodies of the concordat are

a. the Romance-speaking Conference of Heads of Departments responsible for alien policing (hereinafter: the Conference),

b. the Secretariat of the Conference,

c. the Concordat Commission,

d. the Consultative Commission.

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

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

3. It issues guidelines for the concordat-member cantons in areas it considers necessary.

4. It makes decisions that the concordat places under its competence.

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

6. It may issue recommendations and proposals to the concordat-member cantons.

7. It has the competence to conclude agreements with a non-member canton or an inter-cantonal organization for the extraconcordat execution of administrative detention.

8. It ensures the professional training and continuing education of staff from concordat institutions and staff from concordat-member cantons involved in the execution of administrative detention.

1. The Conference is composed of one representative from each of the concordat cantons, who is a State Councilor designated by the cantonal government to which they belong.

2. The members of the Conference may be assisted by their collaborators responsible for the execution of administrative detention. Members of the management of the concordat institutions may also attend the sessions. The Conference may also invite one or more representatives from the Advisory Commission.

1. The Conference appoints its president.

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

3. It meets at least once a year and whenever a concordant canton requests a meeting.

4. It establishes its own procedures.

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 assigned to him by it.

1. The concordat commission is composed of individuals responsible for the implementation of the LMC [A] in the concordant cantons, as well as the management of the concordant establishments. Members are appointed by the head of the department to which they report and by the board of the Foundation defined in Article 32 below.

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

3. The concordat commission determines its mode of procedure.

1. The Concordat Commission has the following tasks

a. to study the questions submitted to it by the Conference, its secretariat, or one of its own members;

b. to submit to the Conference, through its president, all proposals useful for the application of the concordat.

1. The advisory commission is composed of one representative per canton, designated by the canton, chosen—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, designated by the commission itself, attends the meetings with a consultative voice.

3. The advisory commission determines its own procedures.

1. The advisory committee shall have the following tasks

a. to carry out studies requested by the Conference or its Secretary,

b. to submit to the Conference, through its Secretary, or to the Concordat Commission, through its President or his representative, all proposals it deems opportune.

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 is entitled 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 necessary due to the deprivation of liberty, the requirements of collective life within the facility, or the normal functioning of the facility.

1. Upon arrival at the facility, the detainee is informed in a language they understand about the rights and obligations arising from the facility's regulations, as well as the conditions of detention. A list of assistance organizations and legal aid services is provided to them.

2. The management offers the detainee the opportunity to notify a person of their choice, residing in Switzerland, of their detention.

1. Female detainees shall be separated from male detainees to the greatest extent possible, at least during the night 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 could be used for an escape, and those likely to seriously disrupt internal order.

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

4. The inmate's money is deposited with the facility.

5. The inmate's assets, increased by any interim deposits made by the facility or third parties and decreased by the amount of payments charged to the inmate (for instance, purchases, rentals or repairs, various bills), are returned to them upon their release from the facility against a receipt.

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

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

1. The administration offers the detainee, as far as possible, paid employment and various activities.

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

2. He is entitled to at least one hour of walking per day, from the beginning of the detention.

1. The inmate may correspond freely.

2. With the exception of correspondence from the legal representative, incoming mail may be inspected if there are serious indications of the presence of dangerous or illegal objects. The inmate is informed of the inspection.

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

2. The organization of the facility 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 administration may order the supervision of visits if there are serious indications of abuse, risk of escape, or endangerment to the security of the facility. The visit of a legal representative cannot be supervised.

1. The detainee may communicate freely by telephone or fax, 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 facility provides the inmate with television and radio devices. It may request the inmate to contribute to the costs.

2. The facility has a library.

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

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

2. An inmate who has a remunerated occupation receives a daily amount in their account, set by the Conference.

1. The detainee may be searched. Their personal effects and cell may be inspected.

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

1. The management may impose a disciplinary sanction on an inmate who willfully violates the rules of the detention regime or the regulations of the establishment.

2. Disciplinary sanctions include a written warning, the withdrawal of accrued benefits, and solitary confinement. Solitary confinement cannot exceed five days.

1. The inmate shall have the right at all times to obtain an interview with the management.

2. The inmate shall have the right at all times to file a complaint regarding their detention conditions or the restrictive measures imposed on them. The complaint may 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 appeal.

1. The concordat cantons have the following establishments for the execution of administrative detention of foreigners

a. the establishment(s) managed by the concordat foundation,

b. the establishment(s) managed by one of the concordat cantons, recognized by the Conference.

2. Recognition (within the meaning of letter b above) is decided by the Conference, taking into account the cantonal establishment's compliance with the material conditions and quality requirements applicable to administrative detention. It may be subject to conditions or be limited in time.

1. The Conference sets the boarding price for each concordat establishment.

2. The boarding price aims to cover costs. It may be differentiated based 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 articles of incorporation according to the following essential elements

a. the purpose shall include, in particular, to

- study and define infrastructure needs for administrative detention,

- establish, operate, and manage one or more facilities for the execution of administrative detention;

b. the endowment capital shall be subscribed by the concordat cantons in the amount of CHF 100,000.- (one hundred thousand Swiss francs) each, with subsequent subscription or in the event of partial adherence being reserved.

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

2. Any deficit of the Foundation shall be covered in the following manner

a. by the canton(s) hosting the establishments for an amount determined by the Conference based on the economic benefits and other impacts for the host canton;

b. the remaining balance, by the concordat cantons in proportion to their resident population. The Conference shall make a decision on this matter at least annually and may take into account the occupancy of a recognized cantonal establishment for the benefit of another concordat canton.

1. The Conference establishes the Foundation and enacts its statutes through a regulation, as defined in Article 5 above.

1. The concordat cantons undertake to place administrative detainees under their authority in the concordat institutions. The institution is obliged to accept these detainees.

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

3. If, during the course of detention, the management considers that a detainee must be transferred to another institution, it submits a request to the executing authority of the canton that ordered the detention.

1. The competent authority of each canton (enforcement authority) proceeds with placement or transfer at its discretion, particularly in consideration of the administrative formalities to be completed, the foreseeable modalities of removal, and security or order considerations within the establishment.

2. This enforcement authority remains solely competent for, in particular,

a. ordering the lifting of detention, whether for release or with a view to removal or transfer to another authority,

b. ordering restrictions to the general detention regime set by the establishment's regulations,

c. taking any measures regarding assets deposited in an account by the detainee upon their entry into detention,

d. taking any measures to prepare, undertake, facilitate, and ensure the steps aiming at the detainee's departure from Switzerland.

3. The management is competent for all decisions relating to the detention regime, and the order and security of the establishment.

**1. The regulation of the 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 Concordat Establishments**

The monitoring of detention conditions in concordat establishments is conducted by a committee of visitors (hereinafter: the committee) and by each member of this committee according to the methods determined by the committee.

2. **Composition of the Committee**

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. **Term of Appointment**

The members of the committee are appointed for four years by the Conference. Their mandate is renewable.

4. **Procedures and Expert Assistance**

The committee establishes its procedures. It may involve experts whose missions are temporary or special, and whose mandate is communicated to the Conference.

5. **Mandate Terms**

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

6. **Committee Expenses**

The expenses of the committee are charged to the budget of the Conference's secretariat.

1. The committee exercises its oversight through

- visits to places of detention,

- visits to detainees, with whom it may speak without witnesses,

- interviews with the management and staff of detention facilities,

- the communication, upon its request, of any useful document held by the Foundation, the concordat cantons, or the concordat bodies,

- the hearing of any person it deems useful to hear.

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

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

4. The committee and each of its members, as well as experts appointed 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 member canton may entrust the committee with the supervision of detention conditions not covered by the concordat.

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

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

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

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

1. Subject to their coverage by the detainee or by 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 that occurred during detention are assumed by the establishment.

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

2. The Foundation communicates directly with the federal authorities concerning the application of Article 14e, paragraph 1 LSEE [B], and benefits from possible federal contributions, subject to the competencies of the owner of the establishment if applicable.

3. The cantonal executing authority communicates directly with the federal authorities concerning the application of Article 14e, paragraph 2 LSEE. It collects the potential federal contribution.

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 concordat cantons or subordinate bodies of the concordat is settled by the Conference in a single instance.

1. In its Articles 1 to 12, 30 to 34 and 43 to 49, the concordat shall come into force on February 1, 1997, if 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 the purpose of publication.

1. The concordat is open to the subsequent accession of any Swiss canton that approves it in accordance with the procedures of its legislation. The request for accession is addressed to the Conference, which sets the terms of this accession, notably concerning the financial obligations and participation in the capital of the Foundation.

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