Implementing Ordinance of the cantonal act implementing the Federal Act on Coercive Measures in the Field of Foreigners Law (OLALMC) - Purpose (VEGBGZ)

1. This Regulation aims to

a) supplement and clarify the provisions of the EGBGZ;

b) establish the detention regime (BGZ).

1. This regulation applies to foreigners, men and women, who are subject to the Federal Ordinance on Forced Return (BGZ) and are in detention to secure the procedure of deportation or expulsion.

1. The expressions "person," "incarcerated person," "detainee" refer without distinction to both men and women, except when "the incarcerated woman" is explicitly mentioned.

1. The Office for Civil Status and Foreign Control (Art. 3 EGBGZ; hereinafter: the Office) is charged, in collaboration with other relevant offices, with the implementation of the present regulation.

2. The Directorate (Art. 31 EGBGZ), with the assistance of operational staff, auxiliary personnel, and external support (Art. 32 EGBGZ), is tasked with the administration of the detention facility (BGZ). For this purpose, it prepares, in collaboration with the Office, a regulation which is submitted to the Department for approval. The regulation takes into account the principles contained in the law (Art. 24 EGBGZ).

3. The Committee of Visitors (Art. 9 EGBGZ) ensures that the principles contained in the introductory law and in the regulation are observed and applied by the administration of the facility (BGZ).

1. Deprivation of liberty shall occur under material and moral conditions that ensure the preservation of human dignity in accordance with the provisions of the law (Art. 11 et seq. EGBGZ) and this regulation.

2. Detainees shall not be subjected to greater restrictions nor treated more harshly than necessary for the maintenance of security and order (Art. 2 EGBGZ).

1. This regulation shall be applied impartially.

2. Race, color, sex, language, religion, political or other opinion, national or social origin, and property status must not give cause for differential treatment.

1. The application of the present regulation also takes into account the local circumstances and the resources of personnel and facilities available to the administration of the institution (BGZ).

1. This regulation shall be communicated to the staff of the institution (BGZ).

2. It must be communicated to the detainees in an official language, or in English, and if possible, in other languages.

1. In the absence of an applicable legal provision, the authority shall act according to the rules it would establish if it were to carry out a legislative action.

2. In doing so, it adheres to the solutions of case law, the principles of the present regulation, the federal and concordat legislation, and the recommendations of the Committee of Ministers of the Council of Europe on the rules of European penal enforcement. The latter, however, are considered only as directives and are neither mandatory nor do they confer individual rights.

3. A restriction of personal liberty that is not based on a specific legal provision is exceptionally permissible if it complies with the principle of proportionality and does not exceed what is necessary to ensure the purpose of detention and to maintain proper institutional operations.

4. The interventions of the authority must be required by the public interest and must comply with the principle of proportionality.

**1. The Admission of Detainees Must Be in Compliance with Fundamental Rights (Art. 11 EGBGZ).**

2. No person shall be admitted into the institution (BGZ) without a valid arrest warrant. This document must be dated and signed by the competent authority, except where materially impracticable. In such cases, the competent authority shall issue an oral order, which must be confirmed in writing within the shortest possible time.

3. When both parents are incarcerated, children and adolescents under the age of 15 shall be taken into custody by the Cantonal Youth Office, in collaboration with the social services.

4. If the incarcerated mother is authorized by the administration to care for her child (including infants and young children), the administration shall notify the medical service and take the necessary measures pertinent to such a situation in custody.

5. Once a person is admitted, the essential information from the arrest warrant must be recorded, in any case

a) the identity of the detained person;

b) the reason for detention and the authority that ordered it;

c) the date and time of admission.

1. The institution's staff or the responsible authority shall inform the detainees (BGZ) about the organization and functioning of the institution, particularly regarding the rules that must be observed for the good functioning of the institution (Art. 7 and 13 EGBGZ).

2. The information shall be provided in a language that the detainee understands or should objectively understand (Art. 13 EGBGZ). The involvement of an interpreter occurs only exceptionally and in cases of strict necessity. The costs of the interpreter's intervention shall be borne by the state.

1. Every new inmate must undergo a personal and belongings search; this may only be conducted by a person of the same gender or a physician in a suitable location.

2. The thorough body search is conducted by a physician; it is carried out in a location that ensures the necessary discretion.

1. Every person newly admitted to the institution (BGZ) can be required to take a shower.

2. For reasons of hygiene, they may be required to have their hair cut; this measure takes into account the principles of the general directive issued by the management - in cooperation with the department - in the area of personal cleanliness (Art. 34 VEGBGZ).

1. The inmate is allowed to retain

a) his personal belongings;

b) his toiletries;

c) items to which he ascribes particular sentimental value and those that serve for his leisure activities, to the extent that the order and security of the institution allow and provided that they are not likely to infringe upon the legitimate interests of the staff and other inmates.

2. The institution (BGZ) is not liable for theft, loss, or damage of items made available to the inmate.

3. If the inmate carries medication, the doctor determines its use.

1. The keeping of small animals is not permitted during detention (BGZ), except with special permission granted by the Directorate.

2. The detainee must take the necessary measures in advance to arrange for the housing of the small animal, otherwise the Directorate will arrange for this at the expense of the detainee.

1. The valuables, items, and clothes not entrusted to the detainee shall be inventoried and kept by an employee.

2. This inventory must be acknowledged and signed by the detainee; it will be countersigned by the employee. If the detainee refuses to sign, this will be noted in the inventory with the reasons indicated. It will be created in three copies, one of which is to be given to the detainee.

3. The institution ensures the preservation and safekeeping of the inventoried items. In the event of an escape, the valuables and items belonging to the detainee shall be returned at the time of enforcement of expulsion or deportation, or upon release from detention.

4. For hygiene reasons, stored and thus inventoried effects may be destroyed; the detainee shall be informed in advance.

1. A deposit account shall be opened for each inmate.

2. This account shall be credited with

a) the assets inventoried upon the inmate's entry into the institution;

b) payments received from external sources;

c) pocket money;

d) remuneration granted by the institution for the performance of appropriate work.

3. Withdrawals must be approved by the administration.

4. The account shall be debited by the administration for

a) necessary and/or useful expenses of the inmate;

b) coverage of small costs;

c) costs necessary for the defense of the case;

d) compensation for damage or harm caused by the inmate.

1. After completing the administrative formalities, the newly detained individual is assigned to a room.

2. By signing with the staff member, he acknowledges the facilities or items provided to him; in the event of refusal, this is noted in the inventory.

1. The newly admitted inmate shall be promptly interviewed by the administration. This interview is intended in particular to

a) Inform the administration about the personality and personal needs of the inmate in order to organize an appropriate admission and to devise a suitable non-mandatory occupational program;

b) Inform the inmate about their rights and duties; to make the inmate aware of their right to communicate with relatives, or to converse with their attorney and correspond with them;

c) Upon request by the inmate, who has been informed about their rights, the nearest consulate of the foreign inmate shall be informed of their situation.

1. The release from custody is effected by a written, dated, and signed decision by the authority (Art. 3 let. e EGBGZ).

2. Upon the release of the detainee, this must be recorded in the custody register, where the following must be noted in any case

a) the date and time of release;

b) the indication that the custody has been lifted.

1. Upon leaving the institution (BGZ), the inmate is returned the inventoried items, except for the items or clothing that could be sent elsewhere or those that had to be destroyed for hygienic reasons; the remaining balance of their deposit account is also returned to them.

2. The inmate grants a waiver at the end of the inventory; if they refuse to do so, the officer notes this, including the reasons for the refusal.

3. If the inmate is transferred from one institution to another, the items provided to them and the inventoried belongings are handed over against a waiver from the accompanying person escorting them; if these items cannot be taken by the escort due to their size, they should be sent by mail or railway. The costs shall be borne by the inmate.

1. Rooms that serve for the accommodation of detainees (BGZ) must meet the requirements of health and hygiene, particularly with regard to the cubic air content, adequate space, lighting, heating, and ventilation.

1. In all rooms where detainees live or work together

a) the windows must be large enough for the detainees to read or work under normal circumstances in daylight; and they must be installed in such a way that fresh air can flow in, unless there is suitable artificial ventilation. Furthermore, the windows should appear as normal as possible in terms of size, location, and construction, taking into account safety requirements.

b) the artificial lighting must comply with recognized standards.

1. The sanitary installations must be designed in such a way that every inmate can attend to their natural needs at the necessary time and under clean and proper conditions.

1. Shower facilities shall be provided in such a way that each inmate has the possibility and can be required to shower at an appropriate temperature.

1. During the hours of nighttime rest, men and women shall be accommodated in separate rooms unless cohabitation of couples has been authorized (Art. 19 para. 3 EGBGZ).

2. Inmates are typically to be housed in individual confinement rooms at night, except in cases of overcrowding in the institution (BGZ) or if housing with other inmates is deemed more appropriate.

3. In cases of communal housing, the rooms shall be occupied by inmates who are deemed suitable for such accommodation.

1. The order and cleanliness of the premises, the use of sanitary facilities and showers, as well as the time for lights out, shall be regulated for each institution, in cooperation with the duty station, by a general directive from the management.

1. Every inmate must have access to an individual bed and personal bed linens, which must be changed at least every two weeks.

1. Every inmate who is not authorized to wear their own clothing shall be provided with clothing suitable to the climate and season. Such clothing must not, under any circumstances, be degrading or humiliating. It must be kept clean and in good condition. Underwear must be changed at least twice a week.

1. Medical Care in the Institution (BGZ) is provided by the prison medical service (Art. 32 para. 2 EGBGZ).

2. Articles 42, 44, and 47 of the Regulations on Penal Institutions of the Canton of Valais dated December 10, 1993, are applicable to the Institution (BGZ).

1. Every individual newly admitted to the institution (BGZ) may be required to undergo a medical examination conducted by the prison medical service.

2. Every detainee shall, upon request, be examined by a doctor

a) during the week following their admission;

b) upon request within 24 hours of admission.

3. A medical examination is scheduled each week by the administration. General instructions regulate the registration procedures and the admission to the medical examination.

4. In urgent cases, a doctor shall be summoned immediately. Both the staff and the detainees are obligated to report any cases that require immediate medical attention.

1. The Directorate of the Institution (BGZ) commissions a dentist to provide inmates with the necessary and urgent medical treatment, meaning those treatments which alleviate pain and ensure chewing ability.

2. The dentist or, where applicable, the consulted physician of the institution decides on the necessity and urgency of the treatment to be provided.

3. The costs of dental treatment are generally borne by the state, except when an insurance or institution covers these costs.

1. The costs of doctors, pharmacists, and hospitals are generally borne by the state, except when an insurance or institution covers these expenses.

2. The detainee is insured by the administration against the risk of accidents and occupational diseases.

1. Every detainee is required to maintain personal cleanliness; for this purpose, they must have access to water and the necessary toiletries for health and cleanliness.

2. A general directive from the administration—issued in collaboration with the service department—regulates matters of personal hygiene. This directive takes into account the principle of proportionality and the fundamental rights of the detainees (Art. 11 EGBGZ), including, among others, the care of hair and beard.

1. Detainees shall receive sufficient and healthy food in the morning, at noon, and in the evening. Each detainee shall have access to drinking water.

2. Dietary and special meals shall be prepared upon medical prescription.

3. Furthermore, the health condition of the detainee and, within the realm of possibility, their proven cultural, philosophical, or religious beliefs shall be considered.

4. In the event a detainee goes on a hunger strike, the administration shall notify the doctor and proceed according to the principles of conscience and morality.

1. The production, consumption, introduction, possession, trade, and smuggling of any alcoholic substance and drugs within the meaning of the Federal Narcotics Act are prohibited.

2. The same applies to medications that have neither been prescribed nor approved by a doctor.

3. The use of tobacco is regulated in cooperation with the service, by a general directive of the Directorate.

1. Order and discipline must be maintained in the interest of security and an orderly community life.

1. Detainees must comply with the provisions of this regulation and all related general and specific instructions.

2. They are subject to the institution’s discipline and must obey the general and specific orders of the Director or staff.

3. Cells are regularly inspected; generally, the individual concerned is informed of this afterward.

4. The administration may order urine tests and alcohol tests.

5. Detainees who cause intentional or grossly negligent damage and harm, or actions that lead to costs, must bear the expenses. The administration may charge the corresponding amounts to the deposit account (Art. 17 VEGBGZ).

**1. Disciplinary Offenses Include:**

a) Escape;

b) Acquisition, possession, and trafficking of weapons and dangerous items;

c) The sale, intentional, or grossly negligent destruction of tools, devices, installations, or other property of the institution, the staff, other inmates, or third parties;

d) Acts of violence against fellow inmates or staff, or any other actions that are punishable under criminal law;

e) Disregard of a general or specific duty or prohibition arising from these regulations or from a general directive;

f) Disregard of an order given by the director or staff with the express threat of disciplinary action in the event of non-compliance.

**2. Attempt, Incitement, and Assistance Are Also Punishable by Disciplinary Measures.**

1. The deprivation of a benefit for up to ten days constitutes a disciplinary sanction (Art. 28 para. 1 lit. b EGBGZ); as such, it includes

a) the deprivation of personal devices and instruments except for the radio and television set;

b) the deprivation of communal leisure time;

c) the deprivation of reading materials;

d) the deprivation of the radio, television set, and all other sound and video playback devices;

e) the deprivation of phone use;

f) the deprivation of visits, subject to contacts with the defense attorney, authorities, prison doctor, as well as religious and social support.

2. Sanctions may only be accumulated in the case of serious and repeated offenses. The intervention of the authority is guided by the principle contained in Article 9 paragraph 4 VEGBGZ.

3. In the case of isolation in a cell for up to five days (Art. 28 para. 1 lit. c EGBGZ), the inmate is confined to a cell for 23 out of 24 hours, including Saturdays, Sundays, and holidays.

4. In the case of isolation in a cell, the inmate has the right to a daily walk for at least one hour in fresh air. The right to physical exercises is waived. The inmate may not shop, correspond with the outside world, use radio, audio playback, or television devices, and may not receive visits; contacts with the defense attorney, authorities, and religious and social support are reserved.

5. The use of an ordinary detention cell is not permitted. The management designates a specially appointed cell for this purpose.

6. If the ordinary detention cell is used for isolation, the furniture and components not included in the basic facility must be removed (Art. 18 para. 2 VEGBGZ).

7. The sanction of isolation may only be imposed if the doctor deems that the inmate can endure this punishment. Furthermore, the doctor must visit the inmate as often as circumstances require and report to the director if they deem it necessary for the execution of the sanction to be suspended or modified for reasons of physical or mental health.

1. Disciplinary sanctions shall be imposed by the person in charge of the institution; in case of prevention or disqualification, by the deputy.

2. Before any disciplinary sanction, the detainee must be heard orally or in writing.

3. If necessary, investigations and confrontations will be conducted; at the request of the detainee, a record thereof shall be prepared.

4. The decision shall be communicated to the person concerned in writing in one of the two official national languages and explained if they do not understand its meaning. The decision must be justified in terms of fact and law, dated and signed, and it must include the remedies available and their deadlines.

5. The decision is subject to appeal to the State Council within a period of 10 days after its delivery. This period is considered to be respected if the appeal is filed in due time in a sealed envelope marked "Appeal" with the prison administration. The prison administration records the date of filing and forwards the appeal promptly to the State Chancellery.

6. The State Council decides, except in the case of isolation in a cell, definitively in its capacity as the last cantonal instance. (Art. 28 para. 3 EGBGZ).

7. The Law on Administrative Procedure and the Administration of Administrative Justice shall apply furthermore.

1. Special measures may be ordered against detainees who are deemed to have an increased risk of flight or against those who are suspected of committing bodily harm, self-harming intentionally, or damaging property.

2. Special security measures include, among others

a) the confiscation of useful items and objects that are part of the facilities;

b) transfer to a special cell.

3. The measures can be applied as long as they appear necessary in consideration of the principle of proportionality (Art. 2 EGBGZ).

4. When ordering a security measure, the provisions of the Law on Administrative Procedure and Administrative Jurisdiction must be applied.

1. Once the detainee has served two weeks of detention, they have the opportunity to engage in activities in an appropriate manner, for example, by alternating periods of activity with those of inactivity (Art. 17 EGBGZ).

2. Whenever possible, the management takes into consideration the abilities and wishes of the detainees when allocating work, while also taking into account the needs and possibilities of the institution. The aspect of security may also be considered in the selection of activities.

3. Every detainee must work diligently and with discipline. They are not permitted to separate from their work group or leave their workplace without the permission of their supervisor.

4. The regulation of working hours is established in a directive issued by the management in collaboration with the relevant department.

1. The safety and occupational hygiene of the inmates must be ensured in such a way that they comply with the provisions of the relevant legislation.

1. Every inmate receives a portion of the proceeds from their work (Art. 18 Sec. 2 EGBGZ).

2. The amount of the remuneration is determined by decision of the Council of State.

1. The Inmate enjoys the public subjective rights granted to him by the EGBGZ and this regulation through

a) the use of the expressions "right" or "entitled to", "may";

b) the formulation of conditions for making a decision;

c) the initiation of proceedings.

2. Furthermore, he can assert

a) the fundamental rights of an individual, subject to the legal restrictions necessary to ensure the purpose of detention, the orderly operation of the institution, and the safety of the staff and fellow inmates (Art. 11 para. 2 EGBGZ);

b) the right to the publicity of this regulation (Art. 8 VEGBGZ);

c) the right to an initial hearing by the Directorate (Art. 19 VEGBGZ);

d) the right to the return of confiscated items upon release (Art. 21 VEGBGZ);

e) the right to a single bed and properly maintained bed linen (Art. 28 VEGBGZ);

f) the right to a healthy and sufficient diet as well as to drinking water (Art. 35 VEGBGZ).

3. The Inmate also enjoys the public subjective rights provided for in the preceding section.

1. In addition to the right to a walk (Art. 16 EGBGZ), an inmate who does not perform physical labor is entitled to one hour of physical exercise in the fresh air each day.

2. Activities take place within the institution (BGZ), except when the requirements of communal living necessitate certain restrictions. Inmates who present a risk of escape or are particularly dangerous will complete their walk individually.

3. If circumstances compellingly require, the duration of physical exercise, which takes place in addition to the walk, may be reduced by half.

4. The administration may reduce the right to a walk and outdoor physical exercise to 30 minutes or for a reasonable period of time if the inmate poses a high escape risk or is particularly violent.

1. The detainee has the right to leisure time, which serves rest, relaxation, and education; this time shall be spent within the facility, primarily in the recreation room or outside for engaging in sports activities.

2. If required by communal life, the administration may order that leisure time be spent in the cell.

3. Noisy activities are prohibited in the cell if they disturb neighbors, particularly between 8 p.m. and 9 a.m.

4. The detainee may read newspapers provided by the facility or other detainees; with the approval of the administration, and in accordance with the provisions of the European Convention on Human Rights (ECHR) regarding freedom of expression, the detainee may subscribe to newspapers or magazines. He may receive reading materials or, if the facility has a library, borrow books; if not, the administration will grant the detainee access to the services of a public library.

5. Every detainee may use a radio, a television set, or any other audio and video playback device, provided that their cell is equipped with the necessary technical equipment. The administration establishes in a general directive the principles concerning the rental of a radio or television set and the admissibility of television broadcasts in communal areas.

6. Detainees may engage in artistic activities, crafts, or other enjoyable work at their own expense, either in their cell or in designated areas. The administration shall decide on a case-by-case basis the instruments and materials that may be used.

7. Detainees may pursue distance education courses at their own expense.

1. To cover minor expenses, each detainee shall receive a daily allowance, the amount of which is determined by the State Council.

1. The detainee is entitled to at least one visit of 30 minutes per week.

2. Visits may only take place with prior authorization from the Directorate. The Directorate may prohibit visits that could disturb order and discipline (Art. 37 et seq. VEGBGZ).

3. The day, time, and duration of visits are determined by the Directorate, taking into account the visitors' possibilities.

4. The maximum number of persons allowed per visit is set at two and three if they are relatives (Art. 110 StGB).

5. A meeting between the lawyer and their client is not considered a visit.

1. Visits shall take place in the rooms designated by the administration; visitors must comply with the instructions given by the staff.

2. Visitors must prove their identity.

3. The administration may order a personal search of the visitor if such a measure is necessary and proportionate.

4. The visitor shall hand over to the staff all items intended for the detainee. It is strictly prohibited to hand anything over to the detainee personally.

5. Any person who is present on the premises of a facility (BGZ) without authorization or who does not comply with the visitation conditions shall be expelled.

1. Religious care within the facility (BGZ) is ensured through the involvement of a Catholic and a Protestant minister, who are appointed by the State Council. If necessary, the administration shall also involve clergy of other religions.

2. Services are organized by the designated facility clergy. If circumstances warrant, particularly concerning the organization of the facility and the availability of premises, members of similar religions may be encouraged to participate in interdenominational ceremonies.

3. The practical arrangements for religious care and services shall be established – in collaboration with the relevant department – in a general directive by the administration of the facility (BGZ).

4. Visits by a minister to an inmate must be reported to the administration, which shall determine their duration and frequency. These meetings take place without supervision.

1. The inmate may address their personal and family problems to the head of the institution (see BGZ) or to the staff. If necessary, inmates may request the assistance of a helper (Art. 31 Sec. 3 EGBGZ).

2. The social care of the inmates is ensured by the head and the operational staff, with the cooperation of the social services.

1. Proceedings pending at the time of this Regulation's entry into force shall be governed by the new law.

1. This Regulation shall be published in the Official Journal and shall enter into force simultaneously with the Act.