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RS 150.21 Order of 2 November 2016 concerning the Federal Law on the International Convention for the Protection of All Persons from Enforced Disappearance

Original Language Title: RS 150.21 Ordonnance du 2 novembre 2016 concernant la loi fédérale relative à la convention internationale pour la protection de toutes les personnes contre les disparitions forcées

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150.21

Order concerning the Federal Act relating to the International Convention for the Protection of All Persons from Enforced Disappearance

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:

Section 1 Network

Art. 1 Coordination Services

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.

Art. 2 Communication

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.

Art. 3 Contents of the Request for Information

The request for information must contain the following information:

A.
The surname, given name, date of birth, nationality, address and telephone number of the applicant;
B.
Surname, given name, date of birth, nationality and, if known, marital status and address;
C.
Details of the relationship between the applicant and the person sought;
D.
Details on the last contact between the applicant and the person sought;
E.
The grounds on which the applicant suspects a enforced disappearance.
Art. 4 Processing times

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.

Art. 5 Content of Clarifications

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.


Art. 6 Consent of the person sought

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.

Section 2 Data processing by the Federal Coordination Service

Art. 7 Business and Records Management System

The Federal Coordination Service processes data in the case management system and fedpol files. Data are recorded separately from any other data.

Art. 8 Data Processed

The following data is recorded:

A.
The surname, given name, date of birth, nationality and civil status of the person deprived of liberty;
B.
The date, time and place where the person was deprived of liberty and the authority that made the deprivation of liberty;
C.
The authority having decided the deprivation of liberty and the grounds for the deprivation of liberty;
D.
The authority controlling the deprivation of liberty;
E.
The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty;
F.
The elements relating to the state of health of the person deprived of liberty;
G.
The date and time of the release or transfer to another place of detention, the destination and the transfer authority;
H.
In the case of death during the deprivation of liberty, the circumstances and causes of death and the destination of the remains of the deceased;
I.
The information to contact the person sought;
J.
The surname, given name, date of birth and nationality of the applicant;
K.
The address of the applicant;
L.
Details of the relationship between the applicant and the person sought;
M.
Details on the last contact between the applicant and the person sought;
N.
Information on the grounds on which the applicant suspects a enforced disappearance;
O.
Files and correspondence relating to the request for information.
Art. Permissions

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.

Art. 10 Retention and archiving time

1 The data contained in the case management system and records are destroyed 20 years after the first seizure.

2 Archiving of data is governed by s. 21 of the Federal Law of 19 June 1992 on Data Protection 1 And by the provisions of the Federal Act of 26 June 1998 on Archiving 2 .


Section 3 Final provision


RO 2016 4503



State 1 Er January 2017