Facts
The Federal Office for Refugees did not enter into X.'s asylum application on April 8, 2004, as he was presumed to be from Nigeria rather than Cameroon. X. did not comply with the imposed expulsion order. From June 4, 2004, the Office for Municipalities and Social Security of the Canton of Solothurn had to support him for 147 days with emergency assistance totaling CHF 3,087. By decision of October 29, 2004, the Department of the Interior of the Canton of Solothurn decided that X. would receive not ordinary emergency assistance, but only a "subsistence allowance" for five days totaling CHF 105. X. filed a constitutional appeal against this with the Federal Supreme Court.Considerations
The Federal Supreme Court upholds the constitutional appeal to the extent that it enters into it. Violations of the law on foreigners cannot eliminate the fundamental right to assistance in emergencies under Art. 12 of the Federal Constitution. The failure to fulfill the obligations to cooperate under the law on foreigners is indeed shocking, but the refusal of emergency assistance must not be used as a coercive measure to achieve the objectives of the law on foreigners. To the extent that obligations under the law on foreigners are to be enforced, the authorities must be…