Caught between Unworthiness and Exclusion: Asylum Applicants and Refugees Suspected of Terrorism in Swiss Law and Practice

Author(s) : Nula Frei, Constantin Hruschka

Source : https://doi.org/10.1163/9789004295995_012

Abstract:

“In October 2016, the then Director of the Swiss Federal Intelligence Service (fis – Nachrichtendienst des Bundes) reported that the asylum procedure is not a major way of entry to Switzerland chosen by terrorist subjects, but that there are individual cases where jihadists have been identified among refugees and asylum seekers. The public discourse narrative in Switzerland has until now not been too much “infected” with the mixing of terrorism and asylum, as observed in other states. The discussions about terrorism have – with some exceptions – been very much about national strategies to prevent terrorist activities (2015 National Strategy against Terrorism) and radicalization (2017 National Action Plan against Radicalization).This article examines these aspects of the interlinkage between terrorism and asylum. It starts with a brief description of Swiss practice regarding perse-cution by terrorist groups; and then goes on to an analysis of the law and practice concerning terrorist suspects seeking asylum in Switzerland; it then analyzes in detail the different legal consequences of a suspicion of terrorism in asylum procedures.”