CONVENTION between the cantons and the Confederation on the harmonization of informatics in criminal justice (CHIJP) - Object of the Convention (CHIJP)

1. This convention governs the cooperation between the cantons that are parties to it, as well as between those cantons and the relevant federal authorities, in the field of information technology in criminal justice.

2. It specifically governs the establishment and the operating procedures of the corporation "HIJP Switzerland".

1. The parties to this agreement, in collaboration with all involved parties and partners, aim for cooperation in all areas of criminal justice, as well as the coordinated harmonization and standardization of information and case file flows. To this end, HIJP Switzerland may provide, operate, and develop services (benefits and products) in the interest of the concerned communities.

2. HIJP Switzerland, the parties to this agreement, and third parties shall ensure mutual information and mutual coordination of activities, particularly in the areas of data exchange, acquisition, data protection, and information security. To this end, they shall particularly ensure that their authorities, at all levels, as well as the bodies of HIJP Switzerland

a. inform each other in a timely manner about all ongoing or planned projects;

b. examine all planned or ongoing projects with regard to their relevance for the applications and systems of HIJP Switzerland, as well as those of the cantons and the Confederation.

3. HIJP Switzerland shall ensure that work is carried out taking into account global strategies and in coordination with other projects. To this end, HIJP Switzerland shall coordinate its work particularly with that of the public law corporation "Justitia.Swiss".

1. HIJP Switzerland is a public law corporation with its own legal personality, having its registered office in the city of Bern.

2. Its purpose is the digitalization, common definition, and provision of services for participating authorities as well as for interested partners.

3. The scope of activity of HIJP Switzerland notably includes

a. the provision and development of IT standards for the exchange of data and documents;

b. the provision and development of tools and expertise for project management, implementation, and monitoring;

c. the provision and development of overviews or maps of digitalization activities;

d. the promotion of alliances and coordination among stakeholders for the development, provision, or operational guarantee of IT solutions;

e. the provision of consulting services in digital transformation;

f. the launching of public tenders;

g. preparatory work of all kinds for the initiation of a concrete project by the competent organization outside HIJP Switzerland;

h. innovation management;

i. the updating of a service catalog.

1. HIJP Suisse primarily provides its services to the parties to this agreement. The services may be intended for all parties, or for some of them grouped into an alliance, without any obligation for others to join.

2. HIJP Suisse's services are primarily intended for police authorities, public prosecutors' offices, courts, and penal and measures enforcement authorities at cantonal and federal levels, as well as, if necessary, their partners.

3. HIJP Suisse may make its services available to other beneficiaries on the basis of agreements, namely

a. to Swiss public bodies and their common organizations;

b. to decentralized administrative entities of public bodies within the meaning of letter a above, as well as to individuals called upon to perform tasks incumbent on criminal authorities or to whom public tasks are delegated in this context, insofar as they require said products for the performance of their legal duties;

c. to beneficiaries other than those mentioned in letters a and b when the Assembly has decided to initiate negotiations for the conclusion of an agreement.

4. It exclusively pursues public interests for the benefit of the community.

5. It may collaborate with foreign organizations pursuing similar objectives.

1. The organs of HIJP Switzerland are the following

a. the Assembly;

b. the Committee;

c. the Executive Board;

d. the auditing body.

1. The Assembly exercises oversight over the Committee and supreme oversight over the Directorate.

2. The Committee exercises oversight over the Directorate. If the Committee forms a Bureau, its members must recuse themselves during oversight decisions.

3. Each oversight body may notably

a. task subordinate bodies with preparatory work for the execution of its own duties;

b. issue instructions to subordinate bodies regarding the execution of their own duties.

4. The supervised body may submit proposals to its oversight body.

5. The Committee prepares the work of the Assembly and convenes the latter.

6. The auditing body is independent of the other bodies.

1. The Assembly is the supreme body of HIJP Switzerland.

2. It is composed of

a. the directors of the cantonal departments of justice and police whose cantons are parties to the present convention. These cantons are solely competent to designate, if they wish, a representation of the judicial authorities within the Assembly. They each have two votes;

b. the Head of the FDJP, as well as

c. the Attorney General of the Confederation.

3. The Chair of the Committee and the Director may participate in meetings of the Assembly. If the Chair of the Committee is not a member of the Assembly by virtue of para. 2, he or she does not have the right to vote.

4. The Assembly assumes the following inalienable tasks

a. election and revocation

1. of its Chair or Vice-Chair,

2. of the Chair of the Committee and their substitute,

3. of the auditing body;

b. approval of the catalogue of services and additional services, as well as the financial plan and annual accounts;

c. discharge of the members of the Committee and the Director;

d. decisions on subjects that the present convention submits to its competence;

e. adoption of the management regulations and the financial regulations.

1. The Committee is the strategic governing body of HIJP Switzerland.

2. It is composed of

a. a member of the Conference of Cantonal Directors of Justice and Police Departments (CCDJP) whose canton is a party to this convention;

b. the Secretary-General of the CCDJP;

c. three representatives of the Conference of Public Prosecutors of Switzerland (CPS);

d. three representatives of the Conference of Heads of Cantonal Correctional Services (CHCCS);

e. two representatives of the Conference of Cantonal Police Commanders of Switzerland (CCPCS);

f. one representative of the Swiss Association of Magistrates (SAM);

g. one representative of the FDJP;

h. one representative of the Office of the Attorney General of Switzerland;

i. one representative of the public law corporation Justitia.Swiss.

3. The director attends Committee meetings without voting rights. The Committee may invite other persons who shall have an advisory vote.

4. The directors of the cantonal justice and police departments of the cantons that have acceded to the convention elect the cantonal members in accordance with para. 2, letters a, c, d and e. The representation of the FDJP is appointed by its head. The Attorney General of Switzerland appoints the representation of the Office of the Attorney General of Switzerland. The Swiss Association of Magistrates and Justitia.Swiss each appoint their own representation.

5. When constituting the Committee, care must be taken to ensure that the regions of the country and the linguistic regions are equitably represented.

6. The chair of the Committee and their deputy must be members of the Committee.

7. The term of office for Committee members within the meaning of letters a and c to i is four years. They may be re-elected.

8. The Committee performs the following tasks

a. strategic direction of the corporation;

b. drafting of the budget, financial planning, and accounting, as well as defining the mandate of the auditing body;

c. updating the service catalogue and proposing it for adoption by the Assembly;

d. appointment and removal of the director, as well as determining signatory powers;

e. oversight of the Directorate;

f. drawing up the activity report, preparing Assembly meetings, and executing its decisions;

g. approving the establishment of project steering groups, technical groups, and working groups in accordance with Art. 11.

9. The Committee may form a Bureau composed of its chair and two other members. The Bureau serves as the primary point of contact for the Directorate and prepares decisions to be submitted to the Committee. The Committee may also entrust it with the tasks provided for in para. 8, letters e and g.

1. The Directorate implements the decisions of the superior bodies. It is placed under the responsibility of a director.

2. It is competent to carry out all activities that are not assigned to another body.

3. The director is subordinate to the chairperson of the committee.

4. The director represents the corporation with regard to third parties and assumes operational management. He or she regularly reports in writing to the parties to the agreement on the actual services provided.

5. The director has employees at his or her disposal.

6. The director and the rest of the staff are employed under a contract of employment concluded with HIJP Switzerland.

1. The auditing body conducts an ordinary audit in accordance, by analogy, with the relevant provisions of the Swiss Code of Obligations (CO) [B].

2. It is elected by the Assembly.

3. As far as possible, the choice should be on the financial supervisory authority of one of the parties to the present convention.

4. The auditing body is elected in accordance with Art. 730a CO. It may be reappointed once in its functions.

1. In case of need and subject to the approval of the Committee or, where applicable, the Bureau, the director may establish project steering groups, technical groups, or working groups tasked with, among other things, assisting certain services of HIJP Switzerland.

2. He or she appoints the members of the project steering groups, technical groups, and working groups based on proposals from the service beneficiaries.

3. The project steering groups, technical groups, and working groups are composed of specialists. These individuals are provided by the service beneficiaries. If necessary, additional specialists may be called upon.

1. In the Assembly, each canton has two votes in accordance with Art. 7. The cantons have the authority to assign one of their two votes to a representative of a cantonal judicial authority. The head of the FDJP as well as the Attorney General of the Confederation each have one vote.

2. Within the Committee, each member has one vote.

3. For Assembly decisions relating to a service, only the members whose community participates in this service may vote.

4. For decisions related to services in which the Confederation or the Office of the Attorney General of the Confederation do not participate, their respective representatives only sit in all bodies with a consultative voice, and the FDJP may not refuse an Assembly decision pursuant to Art. 13, para. 3.

5. The right to vote within the Committee can only be exercised by elected persons or by persons designated in accordance with this convention. Representation by another member of the concerned body is not permissible.

6. Within the Assembly, the directors of the cantonal departments of justice and police and, where applicable, the representatives of judicial authorities (Art. 7, para. 2, let. a) may substitute for one another. Substitution is possible for the two votes available to each canton.

1. The Assembly and the Committee can make decisions if at least half of the votes are represented.

2. The decisions of the Assembly and the Committee require the majority of the votes of the members present who have the right to vote. In the event of a tie, the chairperson of the Assembly or the chairperson of the Committee shall cast the deciding vote.

3. A decision of the Assembly does not succeed if the representation of the FDJP opposes it. An abstention by this representation does not equate to a veto.

1. During elections, the electoral body fills each seat individually.

2. The candidate who receives the most votes is elected. In the event of a tie, a second round is held.

1. Decisions may also be made via electronic communication means, including during telephone conferences or videoconferences.

2. Written decision-making procedures are permitted if no member requests deliberation.

3. The general rules of majority apply.

1. The Assembly shall enact a management regulation and a financial regulation applicable to the organs of HIJP Switzerland.

2. The management regulation and the financial regulation shall contain the necessary provisions, notably concerning the following subjects

a. the organization, tasks, powers, and responsibilities of the various organs;

b. the relations between the organs (Art. 6);

c. the convocation to meetings of the Assembly and the Committee and the establishment of agendas;

d. the internal control system (ICS) and risk management;

e. budgeting and financial planning.

1. The Committee appoints the individuals authorized to represent HIJP Switzerland. It only grants collective signing authority to two individuals.

2. HIJP Switzerland is registered in the commercial register.

3. Persons with representation rights and members of the Committee are registered in the commercial register.

4. The application for registration in the commercial register must be accompanied by this agreement. In case of any amendments, a new complete version must be submitted to the commercial register office.

1. The Assembly defines the objectives of HIJP Switzerland, approves the corresponding strategy and master plan, appoints the services of HIJP Switzerland, and ensures funding.

2. It determines the need for action, including the need for legislation. If a need for legislation is identified, the Assembly conducts a debate on initiating legislative projects in the concerned communities.

3. The Committee is responsible for achieving the goals and objectives defined in the strategy and clarifies requirements with stakeholders and partners.

1. Each party to this convention independently determines, within the framework of the law applicable to it, the services it requests and the rules according to which its authorities may use them.

2. Even a party that has not participated in the development or acquisition of a service can benefit from it within the limits of existing capacities.

3. Each party may terminate the use of a service.

1. The conditions under which a community that does not have party status can benefit from services are determined in the usage agreements (Art. 4, para. 3), particularly with regard to financing.

2. These conditions are based on the rules applicable to parties. It may be agreed upon to participate in the meetings of the Assembly or the Committee dealing with the relevant services, with or without voting rights.

3. The agreements are submitted for adoption to the members of the Assembly authorized to vote in accordance with Art. 12, para. 3.

4. The use of services by individuals (Art. 4, para. 3, lit. b) additionally requires the consent of the competent authority.

1. The Directorate develops any services based on the master plan or at the Committee's request, and carries out preparatory work until the establishment of a mandate for launching projects or services.

2. The decision regarding the launch of services or preparatory work for a service falls within the Assembly's purview. The same applies to the abandonment or reorientation of work.

3. The Assembly determines the conditions relating to

a. the participation of local authorities in the services, including the conditions for subsequent accession or withdrawal;

b. the use of services as well as the cessation of their use.

4. The Committee designates at least one natural person to represent the principals. This person is subject to the Committee's supervision.

5. The Director is responsible for the execution of preparatory work until the launch of a service, as well as for the development, procurement, and provision of services.

6. Where applicable, project steering groups, technical groups, and working groups shall be involved during all phases of the projects.

7. The development, procurement, and provision of services must comply with recognized standards.

8. The Directorate shall take the necessary steps in a timely manner to support collaboration between the data protection authorities of the Confederation and the cantons within the framework of the law applicable to the parties.

1. Upon the proposal of the Committee, the Assembly adopts the general budget and the financial plan of HIJP Switzerland.

2. The general budget serves, in particular, to finance

a. the tasks of the Board of Directors that are not linked to a specific department;

b. the implementation of preparatory work of any kind until the launch of a service.

1. Each party to this Convention shall pay an annual contribution to the costs financed by the general budget. This contribution shall be set by the Assembly according to the following rules

a. the Confederation shall participate in the costs proportionally to its use of the various services;

b. the cantons shall bear the remaining costs; their contributions shall be determined proportionally to their permanent resident population known at the time of calculation.

2. A participation in the general costs of HIJP Switzerland shall be agreed upon with service beneficiaries not having the status of a party to the Convention (Art. 20). This participation shall correspond to the burden the service represents for the Directorate. It shall be credited to the parties within the meaning of para. 1 proportionally to their respective contribution.

1. The Assembly determines

a. the distribution key according to which the costs of a service are apportioned among its participants and beneficiaries;

b. the rules for determining the buy-in contributions to be paid by beneficiaries of subsequent services.

2. The determination of the distribution key and the buy-in contributions takes place based on the utility of the service for the parties concerned. Contributions from the cantons are generally determined proportionally to their permanent resident population.

3. Buy-in contributions are credited to the beneficiaries of previous services, pro rata to their own contributions.

1. HIJP Suisse is a non-profit and maintains assets only to the extent necessary to fund its long-term operations and ensure its solvency.

1. The Assembly is competent to approve the annual accounts of HIJP Switzerland.

2. Each service is managed as an individual cost center.

3. In the balance sheet, a separate account is established for each service for each of the municipalities participating in that service. Credits from buyback contributions (art. 24, para. 2) are recorded therein. Each municipality decides on the disposition of any credit balances according to the law applicable to it.

4. The accounting is maintained according to recognized accounting standards within the meaning of art. 962a CO [B].

5. The fiscal year corresponds to the calendar year.

1. Subject to paragraphs 4 to 6 below, all legal matters related to the operation of HIJP Switzerland shall be governed by Bernese law, particularly concerning

a. data protection, administrative transparency, information protection, and archiving;

b. public procurement;

c. employment relationships and related matters, such as occupational benefits;

d. liability.

2. For the authorities of the participating entities, the examination of requests for access to official documents they have prepared for HIJP Switzerland or that have been transmitted to them as primary recipients shall take place in accordance with the legislation of the entity concerned applicable to administrative transparency.

3. HIJP Switzerland may, in its own name, award public contracts on behalf of the parties and make the necessary decisions to that effect.

4. HIJP Switzerland shall be liable with its assets for any claims under state liability based on Bernese law. The subsidiary liability of the Canton of Bern (Art. 101, para. 2, of the Bernese Personnel Act of 16 September 2004 [C]) is not applicable; it is replaced by the contribution obligations under this agreement.

5. If Bernese law provides for a decision to be issued, such decision shall be rendered by the Committee, which may delegate this power to the Bureau.

6. Decisions according to paragraph 5 may be appealed before the Administrative Court of the Canton of Bern; for all other matters, the procedural law of the Canton of Bern shall apply.

1. This convention may be signed by all the cantons and by the Confederation.

2. It may enter into force once it has been ratified by at least 18 parties. The Assembly shall set the date for its entry into force.

3. Article 30, paragraphs 2 and 3, shall enter into force as soon as the quorum stipulated in paragraph 2 has been achieved.

1. After the entry into force of the convention, any canton as well as the Confederation may accede to it by a unilateral declaration addressed to the Committee. The accession shall take effect on January 1 of the following year or on a date agreed upon between the canton or the Confederation and the Committee.

1. HIJP Suisse is established by the entry into force of this agreement.

2. The Assembly shall organize a constitutive meeting which shall be held between the time when the minimum number of members as per Art. 28, para. 2, has been reached and the entry into force of the agreement.

3. It shall conduct the necessary elections during the constitutive meeting.

1. The Assembly may decide to amend the present convention. Instead of a simple majority (Art. 13, para. 2), a two-thirds majority of the members present with voting rights as well as the agreement of the FDJP is required.

2. The amendment is subject to ratification. It must be ratified by two-thirds of the parties and by the Confederation.

3. It enters into force at the nearest termination date following the receipt of the necessary ratifications.

4. The Assembly may set a different date for the entry into force, but this date must not be prior to the receipt of the necessary ratifications. If it sets an entry into force date before the nearest termination date, each canton as well as the Confederation may, within twelve months following the decision, notify the Committee of their denunciation of the convention for the entry into force date of the amendment.

1. Each party may terminate this convention at the end of a calendar year by giving two years' notice.

2. If the number of parties decreases to fewer than ten, the Assembly, composed of the representatives of the remaining parties, must make a decision on the dissolution or adaptation of the convention.

1. This convention may be dissolved at any time by a decision of the Assembly taken by a two-thirds majority of members with voting rights. The agreement of the DFJP is not required.

2. The Assembly shall decide on the procedures for dissolution as well as the timelines related to the cessation of operations.

1. In the event of the dissolution of this agreement, the Committee shall proceed with the liquidation of HIJP Switzerland and request its removal from the commercial register.

1. If a party terminates this agreement or in the event of the dissolution of HIJP Suisse, contributions paid shall not be reimbursed.

2. In the event of termination or dissolution, the parties are entitled to any credit balance on their account in the balance sheet.

3. In the event of the dissolution of HIJP Suisse

a. the positive or negative liquidation proceeds shall be determined separately for each service and distributed according to the corresponding key (Art. 24, para. 1) among the beneficiaries of the services;

b. the final positive or negative balance relating to general expenses shall be distributed among the parties to this agreement according to the contribution allocation key (Art. 23, para. 1).

1. The rules concerning service beneficiaries who do not have party status (Art. 20 and 21, para. 3) are applicable to parties that have terminated the agreement with respect to their participation in projects and the use of services.

1. If the Confederation does not accede to the convention or denounces it, the rights and obligations granted under the convention shall not apply to it. The following shall be abolished in particular

a. the right to use the services of HIJP Switzerland as a beneficiary with party status (Art. 4, para. 2, and 19). In this case, the Confederation may use the services of HIJP Switzerland as a beneficiary without party status (Art. 20);

b. the right to sit on the Assembly and the Committee (Art. 7, para. 2, lit. b and c, and 8, para. 2, lit. g and h). Thus, the Confederation does not have voting rights in decision-making, and its approval, when it constitutes a condition, is not necessary;

c. the obligation to contribute financially to the general expenses of HIJP Switzerland (Art. 23, para. 1, lit. a). In this case, the cantons must bear the full costs of HIJP Switzerland proportionally to their permanent resident population known at the time the contribution is set;

d. the requirement for the approval of the FDJP for amendments to the convention (Art. 31).

1. Disputes between the parties to this agreement, service beneficiaries without party status, and HIJP Switzerland are resolved by analogy to the procedure set forth in Articles 31 to 34 of the framework agreement of June 24, 2005, for intercantonal collaboration with cost compensation (ACI).