Heated debate expected to house arrest and preventive detention to the risk of terror eindämmenIm the national Council is the second part of the terrorism template on the Agenda. The debate is likely to be heated: Switzerland is because of the house arrest of offenders and the planned preventive detention international criticism.3 Kommentare3Der the national Council advises on preventive detention and other preventive measures, with which the terrorist threat is to be contained. (Icon image), KEYSTONE/AP/MIGUEL VILLAGRAN
On Thursday afternoon in the national Council the second part of the terrorism template on the Agenda. The debate is likely to be heated: Switzerland is because of the house arrest of offenders and the planned preventive detention international criticism.
The UN Commission on human rights, the human rights appeals officer of the Council of Europe and eighty human rights organisations, to the Parliament and the authorities: hold the planned changes to the law incompatible with the European Convention on human rights (ECHR) and the UN children’s rights Convention.
the issue of the planned measures against so-called offenders are. As a threat to persons, according to the draft law will apply if, due to concrete and current evidence it must be assumed that they will be engaged in a terrorist activity.
“Potentially serious threat”
If someone is a member of a terrorist organization or a stroke prepared, comes directly from the criminal to the train. If the notes for a criminal case or criminal procedural measures are not sufficient but are bound to the authorities of the hands. To change this, the Federal Council, in view of the “potentially serious threat to the internal or external security”.
The Federal office of police (Fedpol) to the inside against terrorist Threat and Gefährdern a Reporting and discussion participation is obligatory, contact bans, rayon bans, house arrest or travel bans may impose.
children in the visor
Particularly controversial, the house arrest is. This measure must be reviewed by a court. Opponents speak of “coercive detention”, which is not compatible with the ECHR. The Federal Council has raised the question in an Advisory opinion to clarify. This came to the conclusion that the measure of the ECHR could be implemented.
The Council of States decided to house arrest – in accordance with the Federal Council – various exceptions: offenders the house for acquisition and training purposes, the exercise of freedom of religion or because of family obligations leave should be allowed.
For criticism at home and abroad also ensures that the house arrest can be used against persons aged 15 years imposed. The rest of the measures can be 12-Year-old imposed.
The police-preventive measures are limited to a period of six months, but they can be extended once for a maximum of six months. House arrest can last up to three months and may be extended two Times for a maximum of three months.
Commission dares taboo
The security policy Commission of the national Council wants to go further: they requested a “secure accommodation of Gefährdern”. So people should be withdrawn from circulation, the calls to violence and terrorism, terrorist financing or support.
According to the narrow majority of the Commission can prevent attacks by known offenders more effectively. The minority considers that the preventive detention incompatible with the rule of law and with the ECHR.
the Monitoring will be expanded: The Fedpol should be given the power of the Internet, Messenger services, and social media concealed to Investigators and inspectors use. Such investigations under the false identity may only be used in connection with serious crimes carried out, in which the Federal government is competent for law enforcement purposes.
New Terror-criminal norm
The preventive measures against women Offenders, and offenders are subsidiary and complementary thought. They may only be used when therapeutic or integrative measures are not likely to hit, and if the danger cannot be averted by other measures.
in Parallel to the preventive measures, the criminal law is exacerbated. The national Council has approved this submission on Tuesday. In the center of a new terrorism-criminal standard. This is the Recruiting, training, and travel in respect of an act of terrorism, under penalty. The Council of States has approved both of the templates already.
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