Facts
The complainant, an Italian national, had lived in Switzerland since the age of 9 and had been granted a settlement permit. He had repeatedly committed crimes, particularly drug offenses and property crimes, and had been sentenced to several prison terms. The aliens' police of the canton of Bern ultimately ordered his expulsion from Switzerland. The complainant applied to the Federal Court to overturn the decision of the Administrative Court of the canton of Bern and to allow him to stay in Switzerland.
The complainant had undergone several therapies and rehabilitation programs to overcome his drug addiction, but without long-term success. Since July 1998, he had been participating in a medically controlled drug program (KODA-1) and had been working 50% in a bicycle recycling workshop.
Considerations
The Federal Court examined whether the expulsion of the complainant was proportionate. It found that the complainant had repeatedly committed crimes, but also that he had not been subject to any further criminal proceedings since his participation in the controlled drug program. The court found that the risk of the complainant committing further crimes still existed, but was not as great as assumed by the lower court.
The court weighed the public interest in expelling the complainant against his private interest in staying in Switzerland. It found that the therapy the complainant was undergoing was successful and that he was increasingly…