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fedpol 2022

Counterterrorism: fedpol orders measures for the first time

Counterterrorism: fedpol orders measures for the first time

The Federal Act on Counterterrorism Measures (PCTA) came into force in Switzerland in June 2022. The act lays down strict conditions for taking targeted measures, conditions that were only met in one case in 2022. This was the first time fedpol had ordered such measures.

The PCTA came into force in June 2022. It offers effective instruments for dealing with people who pose a terrorist threat. The PCTA has led to various laws being amended. The main new counterterrorism measures are found in the Federal Act on Measures to Safeguard Internal Security (ISA).

In autumn 2022, in response to a request from the Federal Intelligence Service (FIS), fedpol ordered counterterrorism measures for the first time: a requirement to undergo counselling, exclusion from certain places, and electronic tagging. The order against the potential terrorist – an Iraqi man – has taken full legal effect.

The following statistics first appeared in the 2022 Annual Report. It is now planned to publish detailed statistics every year.  

Requests

Number of casesRequested by: Federal Intelligence Service (FIS)Requested by: Cantons
2022110
ISA counterterrorism measures* in 2022RequestsRequests rejectedMeasures ordered
Requirement to report and undergo counselling (Art. 23k ISA)101
Contact ban (Art. 23l ISA)000
Ban on entering or leaving an area (Art. 23m ISA)101
Ban on leaving Switzerland (Art. 23n ISA)000
House arrest (Art. 23o ISA; Art. 23p ISA)000
Electronic tagging and mobile radio surveillance (Art. 23q ISA)101

* for each case several measures are possible

Implementation

AppealsProsecutions for breaches of measures
202200

The statutory provisions

The new statutory provisions enable fedpol to intervene at an earlier stage and take preventive measures where there is a terrorist risk. fedpol may order measures at the request of a canton or the FIS if there are specific and ongoing signs that a person is likely to carry out a terrorist activity. The new act specifies that the measures can only be applied if other threat management options – including coordinated social, integrational, educational and therapeutic measures – have not achieved the desired results.

Terrorist activities

The new 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’.

Requirements for measures

A deliberate decision has been taken to make it hard to impose counterterrorism measures: they should be used as a last resort. Social, integrational and therapeutic measures by the cantons will always be given priority, as will general cantonal risk prevention measures and measures under the Criminal Procedure Code. Only when these measures have been tried and have had no effect can counterterrorism measures be ordered. The terrorist risk will always be assessed based on the circumstances of the case in question.

Counterterrorism measures are intended to prevent potential offenders from carrying out terrorist activities. fedpol can order a person to report to an office or attend counselling meetings regularly, not to have contact with certain persons, not to leave the country, not to leave or enter a specific area or to remain at home (house arrest), or to wear an electronic tag and be subject to mobile radio surveillance.

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.  

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