“No Safe Haven”: no refuge for torturers in Switzerland
On October 31, the Legal Affairs Committee of the National Council (CAJ-N) decided to continue its work on the preliminary draft of the federal law on the inclusion of torture in the Swiss Criminal Code, paving the way for its consideration by Parliament. This specific criminalization of torture is not a symbolic gesture or a political signal. It responds to a concrete imperative: to enable Switzerland to prosecute torturers who seek refuge on its territory.
One of the central objectives of the United Nations Convention against Torture, which Switzerland strongly supported and ratified without delay, is to prevent torturers from evading justice by seeking refuge in another country (the “No Safe Haven” principle). To achieve this goal, a specific criminal law provision is essential: only the crime of torture allows acts of torture to be classified for what they are, in all their gravity, and guarantees a criminal response that is fully in line with Switzerland’s international commitments.
Admittedly, prosecutions are now possible in Switzerland on the basis of ordinary law—in particular for grievous bodily harm, coercion, or deprivation of liberty—pursuant to Article 7 of the Criminal Code. However, these offenses do not capture the full legal and symbolic specificity of torture as defined by international law. Only a separate criminal offense would allow all its dimensions to be captured: the severity of the suffering inflicted, the link to an authority or form of power, and the deliberate intention to inflict such pain.
It was this same imperative that, in the early 2000s, justified the rapid adoption of provisions on genocide, crimes against humanity, and war crimes, under which torture is already punishable. But many cases fall outside these categories.
From driving force to retreat: Switzerland and torture
However, despite once being a driving force in the global fight against torture, Switzerland has still not included this specific offense in its criminal code, despite repeated international criticism and growing calls from Swiss actors.
In the absence of a specific, stand-alone offense, Switzerland lacks an essential tool for classifying and prosecuting acts of torture as such. This loophole allows some perpetrators of torture to avoid proper prosecution, unless extradition proceedings are brought against them in another country.
A humanitarian legacy called into question
The criminalization of torture lies at the heart of Switzerland’s humanitarian policy and its commitment to human rights. Since the 1949 Geneva Conventions, of which it is the depositary, Switzerland has established itself as a key player in humanitarian law. As the home of the ICRC, it has built its international credibility on proactive diplomacy and a constant commitment to combating torture and protecting people deprived of their liberty.
True to this heritage, Switzerland has played a leading role in all major stages of the global fight: immediate signing of the United Nations Convention against Torture, creation of a European prevention system, promotion of its global extension through the initiative, and significant support for international criminal justice.
But in the mid-2000s, the trajectory shifted. The unprecedented slowness of the ratification of the prevention protocol, followed by growing restraint in humanitarian and human rights issues, marked a political turning point, a shift towards a posture of disengagement that widened the gap between Switzerland’s proclaimed values and its actions.
A concrete prerequisite for combating impunity
The parliamentary initiative now paves the way for a long-awaited change: the inclusion of a specific offense in the Criminal Code, in line with the country’s international commitments. Far from being a technical detail, the criminalization of torture is a test of consistency: proving that Switzerland’s commitments under international law are fully respected in its domestic law.
Adopting a specific offense means giving substance to the principle of combating impunity enshrined in the United Nations Convention against Torture—the same principle that, in London in 1998, led to the arrest of General Augusto Pinochet on an international warrant. Although this procedure did not result in his conviction, it marked a decisive step forward by demonstrating that perpetrators of torture can be prosecuted beyond their borders and that there is no longer any guaranteed refuge for those responsible for such crimes.
By finally recognizing this crime for what it is in our law, we are also fully assuming our responsibility: recognizing that acts of torture are not simply attacks on physical integrity, but crimes of a particular nature, aimed at crushing human dignity through coercion, severe abuse, and abuse of power.
For further reading: see Alain Werner’s blog, “Finally criminalizing torture in Switzerland to protect us all”
