Facts
The Peruvian national [X.] entered Switzerland in 1989 and had a residence permit for study purposes until 1994. After being stopped by the police in February 2000, she filed an asylum application, which was rejected. On 1 October 2001, the Migration Office of the Canton of Bern ordered [X.] to be held in deportation detention. With an application dated 26 November 2001, [X.] requested release from detention, as she complained about the detention conditions in the Regional Prison of Bern. The Detention Judge 4 at the Detention Court III Bern-Mittelland dismissed the request for release from detention.Considerations
The Federal Court concluded that the detention conditions in the deportation wing for women of the Regional Prison of Bern do not meet the minimum federal legal requirements given the long duration of the Applicant's detention. In particular, there is no common living area, and the inmates are locked in their cells for around 23 out of 24 hours a day, except for a roughly one-hour walk. This leads to a significant restriction of their freedom of movement and is disproportionate in view of the purpose of detention,…