CH-ZH
Ordinance on the Enforcement of Coercive Measures in Aliens Law
Table of Provisions (14)
Statutory Text (14 Articles)
5 1 The cantonal authority is responsible for the enforcement of coercive measures in
alien law in accordance with the Federal Act on Foreign Nationals
of December 16, 2005 (AuG)³
a. the Cantonal Police for persons of foreign nationality who are
not permitted to enter Switzerland at Zurich Airport,
b. the Migration Office in other cases.
2 The Cantonal Police is authorized to act on behalf of the Migration
Office outside its presence hours. The Migration Office shall confirm
such orders of the Cantonal Police on the next working day or replace
them with its own orders.
3 Police organs shall cooperate in the enforcement.
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B. Procedure
I. General Provisions
5 Procedure is governed by the Foreign Nationals and Integration Act³ and the Administrative Procedure Act².
Applicable Law
5 An individual of foreign nationality is granted the right to a legal hearing, particularly before ordering detention, before an application for extension of detention, or before orders according to Art. 74 AuG3.
Upon request of the detained person of foreign nationality, a third person designated by them in Switzerland will be informed about the apprehension.
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211.56 On the Execution of Coercive Measures in Immigration Law
Legal Representation
Legal Instruction
Minors
Detention Order
Detention Review
1. **Foreign National in Custody**
A foreign national taken into custody has the right to designate a person authorized to represent them and to communicate with this person orally and in writing.
2. Any authorized person with legal capacity is permitted to act as a representative before the authorities.
3. If a new person is appointed for representation, this person must identify themselves with a written power of attorney. The new representation relationship replaces the previous one.
4. Orders will be communicated to the authorized representative, and in urgent cases, additionally to the foreign national.
The person of foreign nationality will be informed of their rights,
in particular the procedural rights according to §§ 5 and 6.
5 If proceedings are brought against minors and no person with parental care or other legal representation can be reached immediately, the Child and Adult Protection Authority will be notified.
II. Detention under Aliens Law4
5 1 The competent cantonal authority shall order the necessary measures to ensure
**a.** **the execution of the removal procedure,**
**b.** **the enforcement of a removal or expulsion decision, as soon as it has been rendered at first instance.**
**2 If a milder measure is not to be considered, detention under foreign nationals' law in accordance with AuG³ shall be ordered.**
1 The competent cantonal authority shall forward the detention order
together with the files for review to the judicial authority, provided
that the FNIA³ mandatorily provides for a review of detention.⁵
2 The review of detention shall take place no later than 96 hours after
the police apprehension, the replacement of a preceding criminal detention
with a foreign national law detention, or the change between two different
types of foreign national law detention.
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On the Execution of Coercive Measures in Foreign National Law 211.56
5 If the conditions for an extension beyond the detention period confirmed by a judicial authority are met, the competent cantonal authority shall submit the request for approval of the detention extension, along with the files, to the judicial authority, generally no later than eight calendar days before the expiration of the term.
1 Subject to federal statutory waiting periods, a foreign national
may submit a request for release from detention at any time.
2 The competent cantonal authority shall examine the request and
immediately forward it, together with its comments and the files, to
the judicial authority for decision.
III. Search of Premises
5 The competent cantonal authority is the applying search
authority in the sense of Art. 70 para. 2 AuG3. of
premises
C. Entry into force
1 OS 54, 3.
2 LS 175.2.
3 SR 142.20.
4 Version in accordance with Cantonal Council Resolution of 29 November 2006 (OS 61, 466; AB1 2006, 1667).
In force since 1 January 2007.
5 Version in accordance with Cantonal Council Resolution of 19 December 2007 (OS 63, 8; AB1 2007, 2394). In
force since 1 January 2008.
6 Repealed by Cantonal Council Resolution of 3 November 2010 (OS 65, 769; AB1 2010, 2429).
In force since 1 January 2011.
7 Version in accordance with Cantonal Council Resolution of 7 November 2012 (OS 67, 600; AB1 2012-11-16).
In force since 1 January 2013.
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