In 2010 the Swiss people said yes to the deportation initiative.
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Since then, foreigners convicted of certain crimes have had to leave the country. Actually.
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But the judges deal with it very differently (symbol image).
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Lucerne implements the will of the people: 54 convictions that justify an expulsion led to 49 deportations – a quota of 90 percent. However, not all cantons apply the legal implementation of the deportation initiative so strictly.
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As a reminder, the SVP’s deportation initiative called for the automatic expulsion of those convicted of certain crimes. This includes
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intentional homicides,
Rape or other serious sexual offenses,
Violent offenses such as robbery,
Human trafficking,
Drug trafficking,
Burglaries,
Abuse of social security benefits or social assistance benefits.
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Such convicts should be given a country reference of 5 to 15 years. The initiative was accepted on November 28, 2010 by almost 53 percent of the people.
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The hardship clause gives the judges freedom
The law has been in force since 2016 – and gives the judges who have to order the deportations a certain freedom of action. With the hardship clause, they can refrain from referring to a country – for example, if a foreigner was born here or at least has been living here for a long time, if his family is here, if his reintegration in the home country is unlikely to succeed, or if the condition of the convicted person cannot be expelled allows.
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And the cantons are making good use of this, as new figures from the Federal Statistical Office show. Across Switzerland, the deportation rate was just under 58 percent in 2019 – not exactly a lot.
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Zurich doesn’t even manage half of it
And if you look at the individual cantons, huge differences come to light. Lucerne, Appenzell-Innerrhoden (rate: 100 percent), but also Graubünden (82 percent), Glarus (80 percent) and Geneva (79 percent) manage quite rigorously. In other cantons, criminal foreigners can expect mildness. So in Freiburg (37 percent), Jura (36 percent), Valais (33 percent) and Neuchâtel (22 percent). With 45 percent, Zurich does not even manage half of all convicts.
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When implementing the initiative, the parties had promised that it would be “spicy”. The hardship clause could only be applied to about five percent of criminal foreigners, it said at the time.
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SVP wants to abolish clause
This is now calling on the SVP, which has criticized the hardship clause on several occasions: on Wednesday, it wants to show in a media conference how it will deal with the judge’s “refusal to work”. “It is scandalous how the judiciary disregards popular will by applying this offender protection clause excessively,” says the invitation.
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SVP National Councilor Gregor Rutz (47) has against the “Daily scoreboard” already announced that they would submit a proposal in the next session demanding that the hardship clause be abolished. Last year he failed in parliament with the demand.