Asylum seeker receives 1715 francs for unlawful detention
Published: Thursday, Jul 11th 2024, 11:10
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The canton of Solothurn must pay financial compensation to a rejected asylum seeker from Ethiopia following a ruling by the Federal Supreme Court for unlawful detention pending deportation. The Solothurn High Court has set the amount for the 49 days at CHF 1,715.
The sum corresponds to a daily rate of CHF 35. This is the result of the ruling of the High Court published on the canton's website. The man's lawyer had demanded the usual daily rate of 200 francs.
In its deliberations, the High Court stated that the applicant had been unlawfully detained pending deportation since September 3, 2020. As he had already been lawfully detained for several months prior to this, it could not be said that the unlawful detention was a shocking experience for him.
The man has been staying in Switzerland illegally for several years. He persistently refused to comply with the obligation to return. He entered Switzerland in 2012. The two asylum applications he submitted were rejected with legally binding effect.
Corona pandemic prevented deportation
The planned deportation could not be carried out in March 2020 due to the coronavirus pandemic. The canton of Solothurn extended the detention pending deportation, which the Federal Supreme Court overturned following an appeal by the man.
At that time, the Federal Supreme Court stated that there was only a highly unlikely, purely theoretical possibility of being able to carry out the removal order within a foreseeable period of time.
The man then demanded compensation of CHF 32,000 from the canton of Solothurn. He had been unlawfully detained for 160 days. The cantonal government and the administrative court rejected the claim.
The Federal Supreme Court partially upheld the appeal lodged against this. A total of 49 days of detention pending deportation had been unlawful. The man was entitled to a sum of money as compensation. The Administrative Court therefore had to decide on the amount.
©Keystone/SDA
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