¹ The Confederation established a commission for the prevention of torture (commission).

² The Committee shall ensure that Switzerland complies with its obligations under the Convention of 10 December 1984 against torture and other cruel, inhuman or degrading treatment or punishment ¹ .

The Commission has the following tasks:

A.

It regularly examines the situation of persons who are deprived of their liberty and regularly inspects the places where they are or could be located;

B.

It makes recommendations to the competent authorities in order to:

1.

To improve the treatment and situation of persons deprived of their liberty,

2.

To prevent torture and other cruel, inhuman or degrading treatment or punishment;

C.

Makes proposals and comments on existing legislation or legislative proposals;

D.

Preparing an annual report on its activities; this report is available to the public;

E.

It contacts the Sub-Committee on Prevention and with the European Committee for the Prevention of Torture, disseminates information and coordinates its activities with their own.

By deprivation of liberty, the meaning of this Act is defined as any form of detention or imprisonment of a person or his or her placement in a public or private institution of which he or she is not authorized to exit at his or her will, on the order of an authority Public, at the instigation or with the consent of the latter.

¹ The Commission shall carry out its tasks independently.

² Its members perform their duties in a personal capacity.

¹ The Commission has twelve members.

² It is made up of experts with the necessary professional and personal skills and knowledge, in particular in the medical, psychiatric, legal and intercultural fields and in the area of deprivation of liberty and visits Places of deprivation of liberty.

³ Both sexes and the linguistic regions of the country are adequately represented.

¹ The Federal Council appoints the members of the commission on the proposal of the Federal Department of Justice and Police and the Federal Department of Foreign Affairs.

² Non-governmental organizations may nominate candidates to the Federal Department of Justice and Police and the Federal Department of Foreign Affairs.

³ The members of the commission are appointed for four years. They cannot be renewed more than twice in their duties.

¹ The committee itself is itself.

² It sets out its organisation and working methods in a regulation.

³ Within the limits of its budget, it can use the services of experts and interpreters.

⁴ The Commission may have a permanent secretariat.

¹ The Commission has access to the information it needs to perform its tasks, including information on:

A.

The number and identity of persons deprived of their liberty and the place where they are held;

B.

The number and location of places of deprivation of liberty;

C.

The treatment of persons deprived of their liberty and the conditions of their deprivation of liberty.

² It has access to all places of deprivation of liberty and to their facilities and equipment. She can visit these places without notice.

³ It may speak without witnesses with any person deprived of liberty, either directly or through an interpreter, as well as with any other person who is likely to provide the information required by the person.

¹ The Federal Council is responsible for the publication and dissemination of the Commission's annual activity report.

² The competent authorities shall examine the proposals addressed to them by the committee and issue an opinion on their implementation.

¹ The Commission is authorised to deal with sensitive data and other personal data in accordance with the Federal Data Protection Act of 19 June 1992 ¹ Provided that the performance of its tasks so requires and that such data relate to the situation of persons deprived of their liberty or are connected therewith.

² No personal data may be disclosed without the consent of the person concerned.

¹ The members of the commission and the persons to whom the commission employs are bound by a duty of secrecy under s. 320 of the Penal Code ¹ .

² The Commission may unlink its members and the persons to whom it uses the secrecy of function or, where appropriate, professional secrecy, pursuant to s. 321 of the Penal Code, with regard to secrets entrusted to them in their capacity as a member of the committee or which they have collected in that capacity. In case of emergency, the chairman of the committee shall decide.

¹ The Confederation takes over the resources necessary for the commission to carry out its tasks.

² Members of the Commission shall be entitled to reimbursement of their costs.

³ The Federal Council regulates the right to compensation.

The Federal Council appoints the first chairman of the committee.