Foreign Nationals and Integration Act (FNIA)

Art. 81FNIA from 2022

Art. 81

¹ The cantons shall ensure that a person in Switzerland designated by the detainee is notified. Detainees may communicate with their legal representatives as well as with their family members and consular authorities both verbally and in writing.

² Detention shall take place in detention facilities intended for the enforcement of preparatory detention, detention pending deportation and coercive detention. If this not possible in exceptional cases, in particular because of insufficient capacity, detained foreign nationals must be accommodated separately from persons in pre-trial detention or who are serving a sentence.²³⁰

³ The needs of vulnerable persons, unaccompanied minors and families with minor children must be taken into account in the detention arrangements.²³¹

⁴ The detention arrangements are otherwise governed by:

a.

Article 16 paragraph 3 and 17 of Directive 2008/115/EC²³² for returns to a third country;

b.

Article 28 paragraph 4 of Regulation (EU) No 604/2013²³³ for Dublin transfers;

c.²³⁴

in accordance with Article 37 of the Convention of 20 November 1989²³⁵ on the Rights of the Child.²³⁶

⁵ The competent authority may order that the opportunities for detainees to have contact with specific persons or groups either directly or via third parties be restricted if:

a.

the person concerned according to findings made by the police or prosecution authorities poses a specific risk to internal or external security; and

b.

other measures have failed or are not available.²³⁷

⁶ If the restrictions under paragraph 5 prove inadequate to counter the risk to internal or external security, the competent authority may order solitary confinement.²³⁸

²²⁹ Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).

²³⁰ Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).

²³¹ Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).

²³² Directive 2008/115/EC of the European Parliament and of the Council of 16 Dec. 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, Amended by OJ L 348 of 24.12.2008, p. 98.

²³³ See footnote to Art. 64a para. 1.

²³⁴ Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).

²³⁵ SR 0.107

²³⁶ Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).

²³⁷ Inserted by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).

²³⁸ Inserted by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).