Facts
The appellant [B.] filed a request for release from detention with the Detention Court III Bern-Mittelland on 5 December 1997, which was rejected on 9 December 1997. On 16/20 January 1998, the Detention Court rejected another request for release from detention by [B.] and extended the detention until 15 March 1998. [B.] filed another administrative court appeal against this, which was upheld by the Federal Supreme Court. The Federal Supreme Court found that the authorities had not taken any concrete measures for the deportation of the appellant for more than two months, without the delay being attributable to the conduct of foreign authorities or the appellant himself. This violated the acceleration requirement enshrined in Art. 13b para. 3 ANAG. The appellant's hunger strike did not relieve the authorities of their duty to take all appropriate measures for deportation.Considerations
According to the case law of the Federal Supreme Court, the obligation to make preparations for the execution of deportation does not begin only with the order of immigration detention. Rather, investigations with a view to deportation must already be initiated during pre-trial detention or the execution of a criminal sentence, if the immigration law situation is clear. The criminal enforcement and immigration authorities must cooperate with each other if necessary.
The acceleration requirement is violated if the authorities do not take any concrete measures for more than two months with regard to deportation and the delay is not attributable to the conduct of the foreign authorities or the person concerned. A hunger strike does not generally nullify the…