Facts
X., an artist from Burkina Faso, filed an asylum application in Switzerland on September 13, 2018, which was rejected by the State Secretariat for Migration on November 1, 2018. On June 17, 2019, the Office for Migration and Civil Status of the Canton of Bern placed him in deportation detention. The cantonal court for coercive measures approved this detention until September 17, 2019. After X. refused to board the planned return flight on June 21, 2019, he was returned to deportation detention.
The Administrative Court of the Canton of Bern found that the execution of the deportation detention from June 21 to June 27, 2019 in the Regional Prison of Bern had been unlawful, as X. had been housed in the same cell as persons in pre-trial detention or serving a criminal sentence during this time. The situation was different for the detention from June 17 to June 20, 2019: During this time, X. was held separately from persons in pre-trial detention or serving a criminal sentence in the administrative detention wing of the Regional Prison of Bern.
Considerations
The Federal Supreme Court dismisses X.'s appeal. It states that the detention under aliens law must generally be carried out in special detention facilities that are exclusively used for the execution of preparatory, deportation, and enforcement detention. Only in justified exceptional cases can the detention be carried out in regular detention facilities, provided that the separation from other inmates is ensured and there is an important reason that cannot be otherwise administratively managed for this procedure.
In the present case, X. was held in the…