Swiss Police Force

STRUCTURE AND GOVERNANCE OF
SWITZERLANDS POLICE FORCE

Legal Memorandum

May 2012

1
STRUCTURE AND GOVERNANCE OF SWITZERLANDS POLICE FORCE

Executive Summary

The purpose of this memorandum is to give a brief overview of the structure
and duties of the Swiss law enforcement system.

The structure of law enforcement in Switzerland reflects Swiss federalism,
dividing responsibilities between the state and diverse sub-state administrative
units called cantons. While cantons independently control the majority of police
functions, the state directs the most serious and complex police operations. Swiss
law also provides the framework for periodic local-state police collaboration to
avoid jurisdictional conflicts and gaps in law enforcement.

The Swiss police system consists of Federal Police, which fulfill specific
functions listed in the Constitution, and cantonal police, which perform all other
law enforcement duties. The state executive and parliament regulate the Federal
Police. Each canton has substantial discretion, within the broad parameters of
Switzerlands international obligations and Constitution, to organize, train, equip
and regulate its own police force.

Swiss law explicitly defines the jurisdiction of each police force, thereby
minimizing overlap and conflicts between forces. When state and cantonal police
share jurisdiction, they collaborate in accordance with state law and/or preexisting
bilateral and multilateral agreements. Cooperation is particularly strong in
information collection and dissemination, resource sharing, and increasingly in the
training of police.

Despite prolific regulations, Switzerland has no institutionalized system to
monitor police conduct. Recently adopted legislation requires police to obtain
judicial approval before using certain techniques and equipment, but police are
generally held accountable for misconduct only if private parties pursue legal
action. International human rights agencies have repeatedly expressed concern that
the existing Swiss system is not sufficient to prevent, detect, and redress
misconduct. Rather, they have encouraged Switzerland to introduce more
streamlined and methodical monitoring procedures at both the state and cantonal
levels.

2

TABLE OF CONTENTS

Statement of Purpose 1

Introduction 1

Federal Police Force 1

Cantonal Police Forces 4

Cooperation Between the Police Forces 6
Cooperation Between the Federal and Cantonal Police Forces 6
Cooperation Between Cantonal Police Forces 8

Oversight of Police Forces 9

Conclusion 12

1
STRUCTURE AND GOVERNANCE OF SWITZERLANDS POLICE FORCE

Statement of Purpose

The purpose of this memorandum is to give a brief overview of the structure
and duties of the Swiss law enforcement system.

Introduction

The Swiss police system, in accordance with Swiss federalism, consists of
the centrally directed Federal Police and the diverse cantonal police forces.
1
Law
enforcement in Switzerland is primarily the responsibility of the twenty-six
cantons, all of which operate their own police force.
2
The Swiss Constitution and
state statutes define the duties of the Federal Police.
3
All law enforcement
responsibilities not expressly granted to the state belong to the cantons.
4
The
judicial branch provides limited supervision and oversight of police activities, but
there are no systematic monitoring mechanisms to oversee police conduct.
Numerous agreements concerning cooperation among the police forces have been
developed to improve efficiency and effectiveness.
5

Federal Police Force

The Federal Police only have jurisdiction where the Constitution explicitly
grants it. These areas include international and federal crimes, as well as criminal
activity involving multiple cantons. The Federal Police also play a coordinating
role, providing assistance to cantonal police forces and overseeing the collection
and dissemination of law enforcement information to all Swiss police. In addition
to these duties, the government may charge the Federal Police with preventing and
investigating crimes of special significance to Swiss law enforcement, such as
human trafficking and money laundering.

1
Switzerland General Information, ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE POLIS- POLICING
ONLINE INFORMATION SYSTEM, (Jan. 31, 2011), available at http://polis.osce.org/countries/details?item_id=72.
2
Gerard De La Garde, Switzerland Police, 65 POLICE JOURNAL 229, 230 (1992).
3
See SWITZERLAND CONST. arts. 3, 57, 58, 61 (1999), available at http://www.admin.ch/ch/e/rs/101/index.html;
4
See SWITZERLAND CONST. arts. 3, 57, 58, 61 (1999), available at http://www.admin.ch/ch/e/rs/101/index.html;
5
Cooperation, DEPARTMENT OF JUSTICE AND POLICE, (Aug. 8, 2006), available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_zusammenarbeit.html.

2

Switzerlands executive body, the Federal Council, oversees the Federal
Police through the Federal Ministry of Justice and Police.
6
Within the Ministry,
the Office of Federal Police oversees the federal police officers, and the Federal
Office of Justice works with parliament to draft and implement legislation
regarding Federal Police duties and procedures.
7
The Ministry also incorporates
international criminal law treaties into police regulations.
8

The Federal Police contains seven divisions with distinct mandates, designed
to prevent conflicts of jurisdiction and gaps in law enforcement. Most non-
investigatory functions are performed by: (1) the Division of Resources, which
manages funds, personnel and equipment;
9
(2) the Media Service Staff Unit, which
manages public communications;
10
and (3) the Division of Staff, which supports
cantonal police,
11
handles legal affairs, manages internal communications, and
drafts, translates, and archives official documents.
12
The Division of Staff also
oversees two specialized sections that investigate human trafficking (the
Coordination Against Human Trafficking and Human Smuggling Section) and
money laundering (the Money Laundering Reporting Section).
13
Investigative
operations are divided among the other divisions as described below.
14

6
Organization Chart: The FDJP, DEPARTMENT OF JUSTICE AND POLICE, (Mar. 5, 2011) available at
http://www.ejpd.admin.ch/content/ejpd/en/home/die_oe/organigramm_ejpd.html; Federal Office of Police (fedpol),
DEPARTMENT OF JUSTICE AND POLICE, (Oct. 10, 2011) available at
http://www.ejpd.admin.ch/content/ejpd/en/home/die_oe/organigramm_ejpd/bundesaemter/fedpol.html.
7
Organisationsverordnung fr das Eidgenssische Justiz- und Polizeidepartement (OV-EJPD)
(Organization Ordinance of the Swiss Federal Justice and Police) arts. 6-7 (Switzerland, 1999),
available in German at http://www.admin.ch/ch/d/sr/172_213_1/index.html; Organization Chart: The FDJP,
DEPARTMENT OF JUSTICE AND POLICE, (Mar. 5, 2011) available at
http://www.ejpd.admin.ch/content/ejpd/en/home/die_oe/organigramm_ejpd.html; Federal Office of Police (fedpol),
DEPARTMENT OF JUSTICE AND POLICE, (Oct. 10, 2011) available at
8
Main Division of Criminal Law, FEDERAL OFFICE OF JUSTICE, (May, 5, 2010), available at
http://www.bj.admin.ch/bj/en/home/die_oe/organisation/db_strafrecht.html.
9
Division Resources, FEDERAL OFFICE OF THE POLICE, (Sept. 12, 2011) available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/ressourcen.html.
10
Directorate and Directorate Staff Office, FEDERAL OFFICE OF THE POLICE, (Sept. 12, 2011) available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/direktion_und_mediendienst.html.
11
The Federal Office of the Police fedpo An Overview, FEDERAL DEPARTMENT OF JUSTICE AND POLICE, 28, (Mar. 2,
2011) http://www.fedpol.admin.ch/content/dam/data/fedpol/e_Bro_fedpol.pdf.
12
Directorate and Directorate Staff Office, FEDERAL OFFICE OF THE POLICE, (Sept. 12, 2011) available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/direktion_und_mediendienst.html.
13
Organisation Chart 01.08.2011, FEDERAL OFFICE OF THE POLICE, (Aug. 1, 2011), available at
http://www.fedpol.admin.ch/content/dam/data/fedpol/organigramm-e.pdf.
14
http://www.fedpol.admin.ch/content/dam/data/fedpol/organigramm-e.pdf; Switzerland General Information,
ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE POLIS- POLICING ONLINE INFORMATION SYSTEM,
(Jan. 31, 2011), available at http://polis.osce.org/countries/details?item_id=72.

3

The Federal Criminal Police (FCP) investigate federal and international
crimes, and coordinate cantonal criminal investigations that involve more than one
canton.
15
Federal crimes include terrorism, complex financial crime, organized
crime, and political corruption.
16
In cooperation with the cantons, the FCP
monitors, investigates, and combats cyber crime.
17
Additionally, the FCP produces
reports analyzing trends in criminality and perpetrator profiles.
18

The Federal Security Service Division, in cooperation with the cantonal
police authorities, protects public officials, buildings, and transportation
facilities.
19
It also handles cases of kidnapping and blackmail through the Special
Task Force for Hostage Taking and Extortion,
20
operates the emergency response
center, and prepares risk assessment reports to gauge the states security needs.
21

The Services Division has a broad range of duties, including the
investigation of missing persons, regulation of weapons and explosives,
maintenance of order at sporting events, and issuance of identity documents.
22

Additionally, this Division analyzes and disseminates law enforcement
information throughout the police system.
23

15
Switzerland General Information, ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE POLIS-
POLICING ONLINE INFORMATION SYSTEM, (Jan. 31, 2011), available at
http://polis.osce.org/countries/details?item_id=72; Main Division Federal Criminal Police, FEDERAL OFFICE OF
POLICE, (Dec. 19, 2011), available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/bundeskriminalpolizei.html.
16
Police Tasks at Federal Level, DEPARTMENT OF JUSTICE AND POLICE, (Sept. 6, 2011) available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_polizeiarbeit.html;
17
Main Division FBI, FEDERAL OFFICE OF POLICE, (Sept. 12, 2011), available at
18
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/bundessicherheitsdienst.html.
19
Verordnung ber das Sicherheitswesen in Bundesverantwortung (VSB) (Regulation on the Security Forces in the
Federal Responsibility) arts. 1, 2 (Switzerland, 1998), available in German at
http://www.admin.ch/ch/d/sr/120_72/index.html; Bundesgesetz ber Massnahmen zur Wahrung der inneren
Sicherheit (BWIS) (Federal Act on Measures to Safeguarding Internal Security) arts. 22-24 (Switzerland, 1997),
available in German at http://www.admin.ch/ch/d/sr/120/index.html; Police Tasks at Federal Level, DEPARTMENT
OF JUSTICE AND POLICE, (Sept. 6, 2011), available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_polizeiarbeit.html.
20
Department of Federal Security Service, FEDERAL OFFICE OF POLICE, (Sept. 12, 2011), available at
21
Department of Federal Security Service, FEDERAL OFFICE OF POLICE, (Sept. 12, 2011), available at
22
Main Division Services, FEDERAL OFFICE OF THE POLICE, (Sept. 12, 2011) available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/dienste.html.
23
Main Division Services, FEDERAL OFFICE OF THE POLICE, (Sept. 12, 2011) available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/dienste.html.

4

The Division of International Police Cooperation divides its workload into
three sub-divisions.
24
The Operations Center serves as the primary point of contact
between Swiss law enforcement and international law enforcement entities.
25
The
Division of Operational Cooperation disseminates international reports to federal
and cantonal police authorities, supports international suspect identification efforts,
manages the deployment of Swiss police abroad, and coordinates with French and
Italian police to manage customs offices. The Strategic Cooperation Division
maintains operational relationships with foreign police forces.
26

Although the Federal Police do not have primary responsibility for law
enforcement in Switzerland, they are equipped to handle the most expansive,
complex, and serious police investigations, as well as those that implicate national
security. The Federal Polices coordination, communication, and data collection
capacities enable strong and cohesive functioning of the state police system.
27

Cantonal Police Forces

All law enforcement duties not specifically allocated to the state belong to
the cantons, which perform the majority of general police duties.
28
These duties
include the maintenance of law and order, investigations of non-federal crimes, and
enforcement of traffic laws.
29
Several cantons also administer supplementary
municipal police forces.
30

Each canton determines the structure, responsibilities, financing, and
outfitting of its own police force.
31
In doing so, the cantons are required to ensure

24
25
The Main Division International Police Co-operation, FEDERAL OFFICE OF POLICE, (Sept. 12, 2011), available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/ipk.html.
26
The Main Division International Police Co-operation, FEDERAL OFFICE OF POLICE, (Sept. 12, 2011), available at
http://www.fedpol.admin.ch/content/fedpol/en/home/fedpol/organisation/ipk.html.
27
Federal Office of Police (fedpol), DEPARTMENT OF JUSTICE AND POLICE, (Oct. 10, 2011) available at
28
Switzerland General Information, ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE POLIS-
POLICING ONLINE INFORMATION SYSTEM, (Jan. 31, 2011), available at
http://polis.osce.org/countries/details?item_id=72.
29
Cantonal Police Corps, DEPARTMENT OF JUSTICE AND POLICE, (May 27, 2008) available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_kantonale_polizeikorps.ht
ml.
30
31
Gerard De La Garde, Switzerland Police, 65 POLICE JOURNAL 229, 230 (1992); Cantonal Police Corps,
DEPARTMENT OF JUSTICE AND POLICE, (May 27, 2008) available at
ml.

5

that each police force complies with Swiss constitutional law, other state law, and
international treaty law, including the European Convention on Human Rights.
32

The structure of cantonal police varies considerably, often reflecting the dominant
linguistic heritage of the canton. In German-speaking cantons, police are classified
as criminal police, security police, or traffic police.
33
The structure of law
enforcement in French-speaking cantons reflects traditional police organization in
France: the civilian gendarmerie enforces security and traffic laws, and the sret
conducts criminal investigations.
34
However, there are cantons with uniquely
structured police forces such as Ticino, where police are organized around
topographical features, such as lake and river police and mountain rescue police.
35

Within the cantons, some of the larger cities have their own municipal police
forces that supplement the cantonal police force.
36
Because cantonal governing
authorities determine the duties of the municipal police, the functions of each
municipal force are unique.
37
In some cantons, municipal police duties mirror
those of the cantonal police, while other cantons distinguish their roles more
clearly.
38
A few cantons are working to integrate the municipal police force(s)
with their cantonal counterparts.
39

Cantonal police forces perform the majority of Switzerlands police
functions and reflect the diversity of the Swiss population. Although their
structures, regulations, and priorities vary significantly, this allows them to

32
Cantonal Police Corps, DEPARTMENT OF JUSTICE AND POLICE, (May 27, 2008), available at
ml.
33
ml.
34
ml; Gerard De La Garde, Switzerland Police, 65 POLICE JOURNAL 229, 232 (1992).
35
ml.
36
Communal Police Corps, DEPARTMENT OF JUSTICE AND POLICE, (Mar. 8, 2006) available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_kommunale_polizeikorps
.html.
37
38
.html; Gerard De La Garde, Switzerland Police, 65 POLICE JOURNAL 229, 232 (1992).
39
.html.

6

maximize local effectiveness while maintaining the fundamental legal features
enshrined in the Swiss Constitution.

Cooperation Between Police Forces

The functions of Swiss police forces are carefully allocated to avoid overlap
and competition, and to promote cooperation among the police to protect state
security. Police forces that lack a certain capacity can request assistance from
other forces, the Federal Police work with cantonal police forces to coordinate
cross-border investigations, and information and equipment are shared throughout
the police system.
40

Cooperation Between the Federal and Cantonal Police Forces

Although the Federal Police and cantonal police forces generally have
distinct jurisdictions, their work overlaps in certain areas and they mutually
support one another. The two forces often collaborate to protect public officials
and buildings and to ensure order at large events. Specialized units of the Federal
Police collaborate with cantonal police forces on certain substantive issues, and the
forces share information and equipment.
41
Additionally, the Federal Polices
mandate to coordinate inter-cantonal police investigations requires the
collaboration of all relevant authorities.
42

The Federal Police and cantonal police forces are required by law to
cooperate on security tasks such as the protection of high profile officials and
public property.
43
In addition to statutorily mandated cooperation, the state
occasionally tasks the Federal Police and several cantonal police forces to
cooperate in providing security for large events.
44
For instance, during the 2008

40
Cooperation Between the Cantons, DEPARTMENT OF JUSTICE AND POLICE, (Jan. 15, 2008), available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_zusammenarbeit/ref_zusa
mmenarbeit.html; Switzerland Privacy Profile, PRIVACY INTERNATIONAL, (Jan. 23, 2011), available at
https://www.privacyinternational.org/article/switzerland-privacy-profile.
41
mmenarbeit.html.
42
43
Security, FEDERAL OFFICE OF THE POLICE, (Dec. 22, 2010) available at
http://www.ejpd.admin.ch/content/fedpol/en/home/themen/sicherheit.html.
44
Concept de scurit national Suisse pour lUEFA EURO 2008, 26, DIRECTORATE OF SECURITY SECTOR
AUTHORITIES UEFA EURO 2008, (Mar. 30, 2007) available in French at
http://www.baspo.admin.ch/internet/baspo/fr/home/themen/foerderung/spitzensport/sportanlaesse/euro08_neu/proje

7

UEFA European Football Championship, the Federal Police and local forces
worked together to maintain order and public safety.
45
To avoid any procedural
conflicts, the police forces created and operated from one integrated plan of
action.
46
Cantonal police frequently request surveillance assistance from the
Federal Police and the Swiss Armed Forces for high profile local events.
47

The Federal Polices special sections on human trafficking and money
laundering are required by law to work with cantonal police to combat these
issues.
48
For instance, while cantonal authorities are responsible for investigating
low-level human trafficking that does not span cantonal or international borders,
49

the Federal Coordination Against Human Trafficking and Human Smuggling
Section has explicit authority to intercede in the investigation and prosecution of
trafficking that involves federal crimes.
50
The specialized sections also share
information and resources with cantonal authorities to combat these crimes.
51

Information-sharing systems have been established to facilitate the prompt
and exhaustive circulation of data between police forces. The Federal Police
maintain the National Police Index, a comprehensive database that includes
information from all federal, cantonal and international policing authorities.
52

ktorganisation/sicherheit.parsys.15277.downloadList.76520.DownloadFile.tmp/20070323nationalessicherheitskonze
ptf.pdf.
45
Concept de scurit national Suisse pour lUEFA EURO 2008 (National Security Strategy Switzerland
for UEFA EURO 2008) 26, DIRECTORATE OF SECURITY SECTOR AUTHORITIES UEFA EURO 2008, (Mar. 30, 2007),
available in French at
ptf.pdf.
46
Concept de scurit national Suisse pour lUEFA EURO 2008, 26, DIRECTORATE OF SECURITY SECTOR
AUTHORITIES UEFA EURO 2008, (Mar. 30, 2007) available in French at
ptf.pdf.
47
See Switzerland Privacy Profile, PRIVACY INTERNATIONAL, (Jan. 23, 2011), available at
https://www.privacyinternational.org/article/switzerland-privacy-profile (During the Easter holidays of 2005, the
Army offered its UAVs to cantonal police forces so they can monitor traffic and the north-south Gotthard route.).
48
49
Switzerland: Country Reports on Human Rights Practices, US DEPARTMENT OF STATE, (Mar. 31, 2003), available
at http://www.state.gov/j/drl/rls/hrrpt/2002/18394.htm.
50
51
52
Cooperation Between the Federal Government and the Cantons, DEPARTMENT OF JUSTICE AND POLICE, (Jan. 15,
2008) available at
mmenarbeit0.html.

8

Individual sections and divisions also collect and disseminate data regarding their
specific jurisdictions.

Swiss police forces have strong systems in place to facilitate cooperation,
but still retain enough flexibility to respond to state and canton security needs as
they arise. Because of the effectiveness of this collaboration, crimes customarily
handled by cantonal police forces may become a more collaborative effort with the
Federal Police in the future.
53

Cooperation Between the Cantonal Police Forces

Cantonal and municipal police forces have long had a strong custom of
cooperation, which is becoming increasingly formalized. Cantons and
municipalities have developed a range of bilateral and multilateral agreements
regulating police cooperation.
54
These agreements are often regional and typically
create oversight bodies to monitor implementation.
55
Integration of police training
through centralized academies is a common goal of these agreements,
56
because
uniformity in police procedure and education facilitates further cooperation.
57

In addition to these formal arrangements, the Inter-cantonal Police
Operations Agreement allows cantons to request support from other cantonal
police forces with which they do not have preexisting arrangements.
58
The
Agreement established a Police Cooperation Working Group, which determines
the number of police officers to be deployed when a canton invokes the
agreement.
59
Because it provides structure to inter-cantonal cooperation while

53
See Switzerland: Country Reports on Human Rights Practices, US DEPARTMENT OF STATE, (Mar. 31, 2003),
available at http://www.state.gov/j/drl/rls/hrrpt/2002/18394.htm.
54
Cooperation, DEPARTMENT OF JUSTICE AND POLICE, (Aug. 8, 2006), available at
http://www.ejpd.admin.ch/content/ejpd/en/home/themen/sicherheit/ref_polizeistruktur/ref_zusammenarbeit.html;
Markus H.F. Mohler, Swiss Intercantonal and International Police Cooperation, in POLICE COOPERATION A WORLD
PERSPECTIVE 271, 274 (Daniel J. Koenig and Dilip K. Das, eds., 2001).
55
Markus H.F. Mohler, Swiss Intercantonal and International Police Cooperation, in POLICE COOPERATION A
WORLD PERSPECTIVE 271, 274 (Daniel J. Koenig and Dilip K. Das, eds., 2001).
56
mmenarbeit.html.
57
mmenarbeit.html.
58
Arrt du Conseil-excutif concernant ladhsion la convention sur les engagements de police intercantonaux
(IKAPOL) (Convention on the Commitments of the Intercantonal Police) art. 3 (2006), available in French at
http://www.sta.be.ch/belex/f/5/559_13.html.
59
Arrt du Conseil-excutif concernant ladhsion la convention sur les engagements de police intercantonaux
(IKAPOL) (Convention on the Commitments of the Intercantonal Police) art. 3 (2006), available in French at
http://www.sta.be.ch/belex/f/5/559_13.html.

9

preserving flexibility, the Agreement is considered the most important agreement
between the cantonal police forces.
60

Several organizations facilitate cooperation between cantonal and municipal
police forces. The Conference of Commandants of Cantonal Police Forces
(CCPCS) and the Association of Municipal Police Chiefs (SAMPC) work to
strengthen these relationships throughout Switzerland.
61
The CCPCS handles
comprehensive issues related to the cooperation of police forces, including the
military forces.
62

.
Despite the diverse structures, procedures, and competencies of the Swiss
police forces, cooperation plays an integral role of the functioning of the police
system. The development of coordinating institutions, formal inter-force
agreements, and information sharing systems facilitate efficient collaboration and
enhance Switzerlands overall security.

Oversight of Police

Switzerland does not have a comprehensive system to prevent, detect, and
redress police misconduct. The judiciary has some power to prevent abuse by
denying police permission to use certain investigation tactics. Apart from
individual legal action by victims, there is no mechanism for detecting and
redressing misconduct. Human rights organizations have repeatedly recommended
that Switzerland establish an institution that can impartially investigate claims of
misconduct and identify problematic practices.

As a result of recent legislation, the judiciary has some power to prevent
police misconduct. Police must now obtain judicial authorization, based on
credible evidence of serious crimes, before using certain investigative techniques.
This applies to telephone, internet, and aerial surveillance,
63
as well as the

60
mmenarbeit.html.
61
62
Markus H.F. Mohler, Swiss Intercantonal and International Police Cooperation, in POLICE COOPERATION A
WORLD PERSPECTIVE 271, 274 (Daniel J. Koenig and Dilip K. Das, eds., 2001).
63
Schweizerische Strafprozessordnung (Strafprozessordnung, StPO) vom 5. Oktober 2007 (Swiss Criminal Code of
5 October 2007) art. 3 (Switzerland, 2007), available at in German at
http://www.irm.unibe.ch/unibe/medizin/irm/content/e7670/e7868/Eidg.StPO_ger.pdf.

10

commencement of an undercover investigation.
64
While this measure likely
reduces abuse, it applies to only a small portion of police activities.

The detection and punishment of misconduct relies almost entirely on legal
action by victims, who may lodge complaints with the appropriate cantonal
authority. The procedures for complaint filing and investigation vary significantly
from canton to canton.
65
The canton of Geneva, for example, has an Inspectorate-
General of Services that was established specifically to receive and investigate
complaints.
66
In contrast, complaints filed in the canton of Aargau must be
examined either by the legal advisor of the cantonal police, or by the Department
of the Economy and the Interior.
67
Other cantons, such as Zurich, direct victims to
file administrative complaints with the canton or municipal Ombudsman, who is
elected by the cantonal government to investigate and mediate such complaints.
68

While Ombudsmen may issue a written recommendation to prosecutors on the
subject of the complaint, they cannot make binding decisions.
69
Because of the
broad range in canton protocol, victims of police misconduct in Switzerland are not
uniformly guaranteed access to swift, rigorous, and impartial review of their
complaints.

Even when filing procedures are clear, victims may hesitate to report police
misconduct to cantonal authorities. While police have no official immunity from
criminal prosecution, complaints seldom result in an indictment or disciplinary
action against the alleged perpetrators.
70
Moreover, accused police officers
frequently reciprocate legal action against people who file complaints.
71
The

64
Bundesgesetz ber die verdeckte Ermittlung (BVE) (Federal Law About the Undercover Investigation)
(Switzerland, 2003), available in German at http://www.admin.ch/ch/d/as/2004/1409.pdf.
65
Human Rights Committee, Information provided by the Government of Switzerland on the follow-up to the
concluding observations of the Human Rights Committee (CCPR/C/CHE/CO/3), paras. 10-11, UN Doc.
CCPR/C/CHE/3/Add.1 (Nov. 5, 2010).
66
concluding observations of the Human Rights Committee (CCPR/C/CHE/CO/3), para. 16, UN Doc.
67
68
See Human Rights Committee, Information provided by the Government of Switzerland on the follow-up to the
69
Switzerland, REDRESS, 9 (May 2003), available at http://www.redress.org/downloads/country-
reports/Switzerland.pdf.
70
Human Rights Committee, Concluding Observations of the Human Rights Committee: Switzerland, paras. 11-12,
UN Doc. CCPR/CO.73/Ch (Nov. 12, 2001).
71
UN Doc. CCPR/CO.73/Ch (Nov. 12, 2001); Switzerland, REDRESS, 10 (May 2003), available at
http://www.redress.org/downloads/country-reports/Switzerland.pdf.

11

unlikelihood of success and the risk of retaliation discourage victims from lodging
complaints against police.
72
This dynamic both deprives victims of justice and
hinders the development of a culture of police accountability.

In 2001, the United Nations Committee on Human Rights expressed doubt
that Switzerlands reliance on individual complaints is adequate to properly
supervise police behavior.
73
The Committee recommended establishing one or
more independent, impartial, and comprehensive institutions to monitor police
conduct.
74
Instead, the Federal Council announced in 2009 the establishment of
the Swiss Centre of Expertise in Human Rights (SCHR), a competence center
run by four universities.
75
The SCHR, which currently offers studies, conferences
and information on human rights, will be evaluated at the end of 2015 and will
possibly be converted into an independent, national human rights institute at that
time.
76
In 2010, the Committee Against Torture reiterated the recommendation
that Switzerland establish a prompt, thorough and impartial system to receive
and investigate complaints in each canton.
77

Although police are required to comply with international, federal, and
cantonal law,
78
Switzerland has no institution devoted to monitoring police
conduct.
79
Due to the continued absence of formal oversight mechanisms, private
individuals bear the burden of publicizing and seeking redress for police
misconduct.

72
UN Doc. CCPR/CO.73/Ch (Nov. 12, 2001); Switzerland, REDRESS, 10 (May 2003), available at
http://www.redress.org/downloads/country-reports/Switzerland.pdf.
73
See Human Rights Committee, Concluding Observations of the Human Rights Committee: Switzerland, paras. 11-
12, UN Doc. CCPR/CO.73/Ch (Nov. 12, 2001) (recommending the State party should ensure that independent
bodies with authority to receive and investigate effectively all complaints of excessive use of force and other abuses
of power by the police are established).
74
See Human Rights Committee, Concluding Observations of the Human Rights Committee: Switzerland, paras. 11-
12, UN Doc. CCPR/CO.73/Ch (Nov. 12, 2001)
75
Overview, SWISS CENTRE OF EXPERTISE IN HUMAN RIGHTS, (2011), available at
http://www.skmr.ch/en/about/overview/index.html.
76
Overview, SWISS CENTRE OF EXPERTISE IN HUMAN RIGHTS, (2011), available at
http://www.skmr.ch/en/about/overview/index.html.
77
Committee Against Torture, Observations Finales du Comite Contre la Torture: Suisse (Version Avancee et non-
Editee), paras. 8-9 (May 14, 2010), available in French at
http://www2.ohchr.org/english/bodies/cat/docs/CAT.C.CHE.CO.6.pdf.
78
Switzerland, REDRESS, 3 (May 2003), available at http://www.redress.org/downloads/country-
79
See Switzerland, REDRESS, 4 (May 2003), available at http://www.redress.org/downloads/country-

12

Conclusion

Switzerland law enforcement system was developed to accommodate the
states diversity and the devolved nature of Swiss governance. While cantons have
primary authority to set local police structures, regulations, and priorities, the state
maintains the capacity to direct broad, complex, and cross-border police operations
where necessary. This flexibility is reflected in the centrally directed efforts to
combat human trafficking and money laundering. State and regional cooperation
mechanisms are generally strong, both between the Federal Police and cantonal
police, as well as between cantonal police forces. The primary weakness in
Switzerlands police system is the absence of systematic monitoring of police
conduct. International human rights bodies have expressed consistent reservations
about the cantons varied, confusing and often ineffective complaint systems.

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STRUCTURE AND GOVERNANCE OF

SWITZERLANDS POLICE FORCE

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