Report takes issue with treatment of long-term incarcerated

Indefinitely incarcerated people also need adequate psychological support, the commission said. © Keystone / Michael Buholzer

An anti-torture commission has criticised the fact that most “indefinitely incarcerated” people in Switzerland – i.e. those who have served their prison sentence but are not yet fit for full release – continue to be held in jail rather than in special facilities.

According to the Swiss National Commission for the Prevention of Torture (NCPT), holding such people in regular prisons amounts to an infringement of their human rights.

They should enjoy extra facilities like furniture, television, and personal video game consoles, and they should have access to a shared lounge and kitchen, the NCPT said on Thursday. If possible, they should be kept in completely separate institutions or at least in separate areas of regular prisons, the commission said. Trips outside and regular contact with the outer world are also recommended.

The body also said that age and personality-specific needs should be taken into account, given the high average age of those in indefinite incarceration (over 57 years old) and the high proportion of people with mental health problems.

The concept of “indefinite incarceration” (article 64External link of the Swiss Criminal Code) is not the same as that of a custodial sentence, the commission specified. It applies to people who have already served time behind bars, but who are then deemed unfit – for public security reasons – to be released fully. There is no punitive aspect involved.

In 2019, some 100 such men were interned in 17 of the 26 Swiss cantons; 82 of them were kept in a prison, seven in a specialised facility, and 11 in a psychiatric facility. Almost 70% of them were Swiss.