Facts
S., a Yugoslav national of Serbian ethnicity born in 1952, entered Switzerland in 1974. In 1993, he was sentenced by the High Court of the Canton of Lucerne to 11 years of penitentiary and 15 years of deportation for intentional homicide, multiple completed attempts of intentional homicide, brawling, multiple acts of property damage, and multiple prohibited carrying of weapons. In 1997, S. was conditionally released from criminal custody, but the deferral of the deportation order was denied. In 1998, the Cantonal Aliens Police of Bern ordered the expulsion of S., even though the deportation order had not yet been executed.Considerations
The Federal Supreme Court holds that the order of an administrative expulsion alongside a final deportation order is generally permissible. The Aliens Police authorities are bound by an unconditional deportation order insofar as they may not issue a residence permit to the person concerned. However, expulsion remains possible alongside this and may be appropriate depending on the individual case.
For the order of expulsion, the legal requirements under Art. 10 and 11 of the Federal Act on Foreign Nationals' Residence and Establishment (RSFNA) must be met. A comprehensive weighing of interests must be carried out, taking into account not only the severity of the criminal offense and the duration of residence in Switzerland,…