Stage 1: The beginning of radicalisation
There is no clear profile of the typical jihadist. Often it is not known why a young person starts to become interested in jihadist propaganda. Radicalisation usually begins subtly, as the following ‒ fictitious ‒ case illustrates:
M is 17 years old. He has failed in his apprenticeship and his girlfriend has left him. He is feeling alone, misunderstood and increasingly excluded from society. He withdraws more and more, and spends a lot of time on the internet. He starts questioning the meaning of life and searches for answers.
This initial phase is decisive for the further course of events. M’s crisis must not be allowed to go unnoticed; all sections of society need to tackle the challenge. Who recognises his susceptibility to extremist ideology? Who can offer him an alternative solution to his problems? This is the stage when potential radicalisation can be nipped in the bud.
- Teachers (education authorities), social services and migration authorities, public and civil society organisations such as victim assistance services, advisory centres and youth workers.
- Prevention programmes in the towns, communes and cantons
- Preventive approach to radicalisation
Press release of the Federal Council dated 04.07.2016 - National Action Plan to Prevent Radicalisation and Violent Extremism.
Press release dated 04.12.2017
Stage 2: Coming to the attention of the Federal Intelligence Service
M becomes increasingly radicalised. He reads jihadist propaganda and is active on social networks. He posts IS-friendly comments and expresses his admiration for those fighting in Syria or carrying out terrorist attacks. The Federal Intelligence Service (FIS) takes note of M and begins to monitor his activities.
If M were a foreigner the State Secretariat for Migration (SEM) and the cantonal migration authorities could provide valuable information on his radicalisation.
Existing:
- Internet monitoring by the FIS for jihadist activities, preventive dialogue (the FIS contacts the person who shows signs of radicalisation, or in the case of a minor their parents, and in a voluntary meeting points out the possible, criminal consequences of their behaviour).
- Refusal or revocation of asylum status and residence permits
- Refusal of visa
- Intensive cooperation between security services (TETRA).
In planning:
- Intelligence Service Act comes into force on 1 September 2017.
Nachrichtendienstgesetz NDG (SR 121) (not available in English)
Stage 3: Police intervention and inquiries
The Federal Intelligence Service (FIS) has evidence that M is planning a criminal act, or that he could carry one out, or that he has already done so. The FIS passes on this information to fedpol, who begins initial police inquiries.
Fedpol also receives information from other Swiss or international agencies, obtained from their own police proceedings or investigations.
- fedpol
Existing:
- Police investigations
- Refusal/revocation of asylum status and residence permits
- Entry bans and refusal of visa
- Removal and deportation (endangering security)
- Close cooperation between the security services (TETRA).
In planning:
- Police measures outside of criminal proceedings (e.g. travel document restriction, mandatory reporting with the police, discreet surveillance via Schengen Information System SIS). The draft bill to be submitted for consultation is expected at the end of 2017.
Press Release dated 08.12.2017
- Access by fedpol to the API passenger database as part of the amended Foreign Nationals Act. The new piece of legislation is expected to come into force in spring 2018.
- Regulating explosives precursors The draft bill for consultation is expected at the end of 2017.
Press Release dated 08.12.2017
Stage 4a: Criminal proceedings and charges
Fedpol has gathered sufficient evidence against the suspect M. The Office of the Attorney General opens criminal proceedings against him.
Existing:
- Federal Act on the Prohibition of Al Qaeda, Islamic State and Associated Organisations, criminal organisations according to Article 260ter Swiss Criminal Code.
Fedral Act (CC 122)
Article 206ter Swiss Criminal Code (CC 311.0)
- Criminal Procedure Code: Compulsory measures (e.g. monitoring of communications, surveillance, preventive dialogue, remand custody or alternative measures, such as travel document restriction, mandatory reporting with the police, etc.).
CrimPC (CC 312.0)
- Police cooperation and mutual assistance
- Close cooperation between the security services (TETRA)
In planning:
- The new Federal Act on the Surveillance of Postal and Telecommunications Traffic SPTA will come into force on 1 January 2018.
BÜPF (SR 780.1)
- Draft bill on implementing the Council of Europe Convention on the Prevention of Terrorism and additional protocol. Amendment of the statutory provisions on criminal organisations (Art. 260ter SCC). Extension of Al-Qaeda and IS ban (currently limited to the end of 2018), to be carried over into perpetual law.
Lead Federal Office of Justice FOJ
Phase 4b: Conviction
The criminal charges brought by the Attorney General’s Office against M lead to a conviction by the Federal Criminal Court. M may appeal to the Federal Supreme Court.
Federal Criminal Court
Federal Supreme Court
- Conditional or unconditional custodial sentence (maximum of 5 years), combined if necessary with therapeutic measures and detention, contact ban, exclusion order or activity prohibition order.
- Foreigners who are a threat to internal or external security can be expelled from the country. Foreigners who commit terrorist offences are expelled from Switzerland
Stage 5: Enforcement of sentence
M has been convicted and serves his (remaining) sentence in a Swiss prison.
- Authorities charged with enforcing sentences and measures
Existing:
- Custodial sentence, with accompanying (therapeutic) measures if necessary
In planning:
- Greater exchange of information between the security services and judicial authorities before imprisonment, during proceedings and imprisonment, on release and while determining probation conditions.
- Greater transfer of knowledge and exchange of experience between public prosecutorsʼ offices, security services and judicial authorities.
- Review of prison regimes and the objectives of enforcement (deradicalisation).
Stage 6: After completion of sentence
M has completed his sentence and is a free man. But what are his inner convictions? Does he still believe in the jihadist cause and its propaganda? Is he still a threat? Or has he renounced his former convictions and accepted Western values? Does he want to be resocialised?
Existing:
- Revocation of citizenship for persons with dual nationality and expulsion and/or entry ban if they pose a threat to internal security. However, expulsion is only enforceable if the person is not at risk of torture or inhuman punishment in their country of origin.
- Mandatory expulsion for offences committed after 1 October 2016 .
Press Release of the Federal Council dated 04.03.2016
- Revocation of residence permit for foreigners in addition to subsequent expulsion and entry ban.
- Police measures based on cantonal law.
- Individual support by social services.
- Measures under stages 1 and 2.
- National Action Plan to Prevent Radicalisation and Violent Extremism.
Press Release dated 04.12.2017
In planning:
- New extra-procedural police measures: travel document restriction and mandatory reporting, discreet surveillance.
Press Release dated 08.12.2017
Last modification 17.01.2018