Facts
The Palestinian of Lebanese origin, X., was arrested by the Cantonal Police of Zurich on 26 April 1996 and placed in deportation detention by the Aliens Police of the Canton of Zurich the following day. The detention judge at the District Court of Zurich initially confirmed the deportation detention until 26 July 1996. X. filed an administrative court appeal with the FJA against this decision, as the detention conditions in the Airport Prison 1 Zurich-Kloten, where he is being held, do not meet the human rights, constitutional and legal requirements for the design of deportation detention.Considerations
The FJA held that the restriction of the liberty rights of prisoners must not go beyond what is necessary to ensure the purpose of detention and to maintain proper operation of the institution. Deportation detention is solely about securing the expulsion procedure and the execution of the corresponding decision. Proportionate measures to reduce the risk of absconding are therefore permissible. Restrictions that go beyond the necessary security aspect of detention can only result from the requirements of the institution's operation or from concrete elements of danger. The FJA found that the detention conditions in Airport Prison 1 partially do not meet the requirements of Art. 13d para. 2 RSFNA. The appellant must be enabled to have social contacts with fellow inmates of the department beyond the one-hour walk on the days when he has no opportunity for joint work with other inmates. Furthermore, the control of incoming and outgoing mail, subject to specific abuses, is to be waived, and the appellant is to be enabled to make private telephone calls at his own expense. Finally, the visiting regulations must be adapted to the federal legal requirements presented. Under these circumstances and considering that the deportation…