Key Benefits:
November 2, 2016 (State 1 Er January 2017)
The Swiss Federal Council,
Having regard to art. 4, para. 3, and 9, para. 3, of the Federal Act of 18 December 2015 on the International Convention for the Protection of All Persons from Enforced Disappearance (Law), 1
Stops:
1 The Federal Police Office (fedpol) is the Federal Coordination Service within the meaning of Art. 4, para. 2, of the law.
2 The cantons shall indicate to the Federal Coordination Service the cantonal service responsible for coordination and shall inform it of any changes in this regard.
1 The communication between the Federal Coordination Service and the Coordination Cantonal Services and the Federal Services responsible for the execution of deprivations of liberty shall be carried out in a secure manner.
2 The Federal Department of Justice and Police sets out the technical requirements for this communication.
The request for information must contain the following information:
1 The Federal Coordination Service launches the search within the network immediately after receiving a complete request for information.
2 It sets a response time for each search launched within the network, in accordance with Art. 6, para. 2 and 3 of the Act.
3 The deadline is 6 working days. If the request is particularly urgent because of the circumstances, the time limit may be reduced accordingly. If the search is particularly complex, the time limit may be extended.
1 The coordinating cantonal services and the relevant federal departments shall determine within the time limit if the person sought is deprived of his liberty. Research is limited to institutions in which deprivation of liberty is carried out in a closed environment.
2 In addition to the information specified in s. 6, para. 3, of the law, information is provided to the Federal Coordination Service on how to contact the person sought to obtain his consent.
3 If the purpose of the instruction forbids the disclosure of information under s. 214, para. 2 of the Code of Criminal Procedure 1 , the cantonal coordinating service or the competent federal service shall immediately inform the Federal Coordination Service.
1 The consent of the person sought, required in accordance with s. 7, para. 2, of the law, must be issued in writing or in any other form in order to establish proof thereof.
The Federal Coordination Service processes data in the case management system and fedpol files. Data are recorded separately from any other data.
The following data is recorded:
The employees of the Federal Police Office responsible for managing the Federal Coordination Service may seize, modify or destroy data, provided that the tasks assigned to them by law require them to be carried out.
This order shall enter into force on 1 Er January 2017.