Facts
[S.] , who claims to be from Afghanistan, entered Switzerland on 22 February 1999 and was given a conditional seven-day prison sentence on 23 February 1999 for unlawful entry and unlawful stay. On 24 February 1999, he filed an asylum application. On 31 March 1999, [S.] was apprehended by the police together with three other persons in a public telephone booth in Zurich, where four portions of cocaine were found. On 14 December 1999, [S.] was again stopped in the drug scene. By a penal order dated 21 December 1999, he was given a conditional three-month prison sentence for violation of the Narcotics Act. Thereupon, the Cantonal Aliens Police of Zurich ordered preparatory detention against [S.] , which the District Court judge confirmed on 24 December 1999 and approved until 21 March 2000.Considerations
The Federal Court ruled that the order for preparatory detention against [S.] was lawful. In the Court's view, [S.] fulfils the grounds for detention under Art. 13a(1)(e) of the Federal Act on Residence and Establishment of Foreigners (RSFNA). Although the criminal conviction for violation of the Narcotics Act involved only a small amount of drugs, the authorities were entitled to classify [S.] as a small-scale dealer who poses a significant threat to life and limb. The Court held that for the order of detention under Art. 13a RSFNA, not only the criminally proven…