Facts
A. (born 1989) unsuccessfully filed an asylum application in Switzerland in 2012 under the name B. (born 1989, from Burkina Faso). In 2017, he was convicted by the Regional Court of Berner Jura-Seeland for drug offences and expelled from the country for 8 years. From 2021, he was considered missing until he was transferred back to Switzerland from France in 2022 under a Dublin procedure. The Population Services Office of the Canton of Bern then placed him in deportation detention. A. filed a complaint with the Federal Supreme Court, arguing that the detention conditions in the Regional Prison of Moutier were unlawful, particularly due to the lack of internet access and the restriction on the use of private mobile phones.Considerations
The Federal Supreme Court partially upheld the complaint. It found that the confinement of the complainant in his cell for 18 hours per day and the lack of internet access violated his fundamental rights. These restrictions are not justified by the requirements of the institution's operations or for security reasons. The Federal…