Facts
A., originating from Mali, applied for asylum in Switzerland under a false identity on 31 October 2001. His application was rejected. On 10 September 2003, A. was apprehended in Biel and placed in deportation detention. A. stated that he had left Switzerland after the asylum procedure to obtain the necessary documents in his home country for his marriage to a Swiss citizen. He had been living with his fiancée for one and a half years. The detention court extended the deportation detention until 9 April 2004. A. filed a complaint with the Federal Supreme Court, requesting release from detention and the granting of a temporary residence permit until his marriage.Considerations
The Federal Supreme Court upholds the complaint. It finds that the continuation of the deportation detention in this case is disproportionate, as a forced deportation to Mali currently appears unlikely. Although the complainant has been legally expelled from Switzerland and there is a risk of absconding, the enforcement of the expulsion is currently failing due to Mali's refusal to accept its nationals by force. Detention to enforce departure is disproportionate in such a…