Expulsion of a German national due to sexual acts with children

Facts

The complainant, a German national, entered Switzerland in 1986 and was granted a settlement permit. In 1996, he was convicted of sexual acts with children and in 2006 again for multiple sexual acts with children, sexual coercion and simple bodily harm. The Justice, Police and Military Directorate of the canton of Basel-Landschaft expelled him from Switzerland for 5 years in 2006. The government council and the cantonal court dismissed the complaints lodged against this decision.

The complainant applied to the Federal Court for the annulment of the judgment of the cantonal court and the decision of the Directorate. He argued that the conditions for expulsion under Art. 10 and 11 RSFNA or Art. 5 Annex I AFMP were not met at the time, as he was in a custodial measure and the threat to public safety was not current.

Considerations

The Federal Court examined the admissibility of the expulsion from the perspective of national law and treaty law. It found that the expulsion was admissible under Art. 10 para. 1 RSFNA, as the complainant had been judicially punished for a felony or misdemeanor. The expulsion shall only be ordered if it appears appropriate in the light of all the circumstances (Art. 11 para. 3 RSFNA).

The court also examined the conditions for restricting the right to free movement under Art. 5 Annex I AFMP. It found that the lower court had based the expulsion on a concrete risk assessment and assumed a significant threat. The court found that the expulsion was not based solely on general preventive grounds, but on the complainant's personal behavior.

The court also…