Counterterrorism measures
The Federal Act on Police Counterterrorism Measures (PCTA) of 25 September 2020 came into force in June 2022. Since then, six requests have been made by the Federal Intelligence Service (FIS) and the cantonal authorities.
The PCT measures can be taken prior to criminal proceedings, after a sentence has been served and, in certain circumstances, during criminal proceedings as a complement to coercive measures, or even while a sentence is being served.
fedpol can impose reporting and interview requirements, a ban on contact, a geographical ban, a ban on leaving the country, house arrest, electronic surveillance and cell phone tracking.
The aim of these police measures is to protect the population from potential terrorists. fedpol can order measures at the request of the cantons or the Federal Intelligence Service (FIS). Implementation is the responsibility of the cantons.
The following statistics first appeared in the 2022 annual report.
Requests
| Number of cases | Requested by the Federal Intelligence Service (FIS) | Requested by the cantonal authorities |
|
|---|---|---|---|
| 2023 | 5 | 1 | 4 |
| 2022 | 1 | 1 | 0 |
ISA counterterrorism measures* in 2023
| Requests in 2023 | Requests rejected in 2023 | Measures ordered in 2023 | |
|---|---|---|---|
| Requirement to report and undergo counselling (Art. 23k ISA) | 6 | 0 | 0 |
| Contact ban (Art. 23l ISA) | 4 | 0 | 0 |
| Ban on entering or leaving an area (Art. 23m ISA) | 4 | 0 | 0 |
| Ban on leaving Switzerland (Art. 23n ISA) | 4 | 0 | 0 |
| House arrest (Art. 23o ISA; Art. 23p ISA) | 0 | 0 | 0 |
| Electronic tagging and mobile radio surveillance (Art. 23q ISA) | 6 | 0 | 0 |
* In each case several measures are possible. These figures reflect the situation on 31 December 2023. Not all requests had been dealt with by then, either because:
- the decision was under review and the measure had not yet been authorised by fedpol;
- the decision had been taken but had not yet come into force (as an appeal was still possible or was ongoing); or
- the authority concerned had withdrawn its request.
Implementation
| Appeals | Prosecutions for breaches of measures | |
|---|---|---|
| 2023 | 1 | 0 |
| 2022 | 0 | 0 |
Terrorist activities
The Act defines terrorist activities as ‘efforts to influence or change the institutional framework that are to be achieved or facilitated by committing or threatening to commit serious criminal offences or by spreading fear and terror’.
Measures applicable to minors
Children and young people can also be susceptible to radical ideologies and can become involved in terrorist activities. fedpol has become aware of this from experience in Switzerland and abroad. Counterterrorism measures can be ordered against children aged twelve and older, and thus also serve to protect children and young adults. The prevention measures in the Second National Action Plan to Prevent and Counter Radicalisation and Violent Extremism are intended to stop radicalisation and allow the authorities to intervene before young people commit an offence.
Requirements for measures
Fighting terrorism is a complex task that involves a combination of intelligence gathering, preventive policing and law enforcement, as well as social measures to prevent radicalisation.
When it comes to prevention, other cantonal measures, whether social, integrative or therapeutic, always take precedence – as do cantonal measures for the general prevention of threats and measures based on the Criminal Procedure Code. In the case of minors, educational or child protection measures must always be taken before PCTA measures. Only if these measures have been exhausted or have had no effect can PCTA measures be ordered.