Facts
The Turkish national of Kurdish ethnicity [B.], born in 1973, entered Switzerland on November 25, 1996 and filed an asylum application. On January 15, 1999, the Federal Office for Refugees rejected the asylum application, ordered B.'s deportation from Switzerland, and set a departure deadline of April 30, 1999. [B.] filed a complaint with the Swiss Asylum Appeals Commission on February 19, 1999.
[B.] disappeared several times from the asylum seekers' center to which he had been assigned and became unreachable for the authorities. Consequently, the Foreigners' Affairs Office of the Canton of Appenzell Innerrhoden imposed various conditions on him, such as a daily reporting requirement and a restriction to the Canton of Appenzell Innerrhoden. On July 6, 1999, the Foreigners' Affairs Office ordered preparatory detention, which the single judge at the District Court of Appenzell confirmed on July 7, 1999.
By means of an administrative court appeal to the Federal Supreme Court, [B.] requested the revocation of the detention decision and his immediate release from detention.
Considerations
The Federal Supreme Court determined that in the present case, the rules of deportation detention, rather than those of preparatory detention, are applicable. This is because [B.] had already been ordered to be deported from Switzerland in the first instance on January 15, 1999, even though the appeal decision may be awaited in Switzerland.
The ground for detention was the violation of a restriction to the Canton of Appenzell Innerrhoden pursuant to Art. 13b para. 1 lit. b in conjunction with Art. 13a lit. b of the Federal Act on Foreign Nationals (ANAG). The Federal Supreme Court considered this ground for detention to be given, as the restriction order does not appear to be…