• 'The discussion has moved from whether to criminalize torture to how to do it properly – that’s a major shift,' Etienne Cottier of ACAT-Switzerland tells Anadolu

• Federal Council tells Anadolu existing provisions already meet UN standards, sees no need for a separate offense in the criminal code

GENEVA 

For nearly three decades, Switzerland has faced international criticism for failing to include torture as a specific crime in its penal code – an omission that human rights groups say undermines the country’s credibility as a global advocate for human dignity.

Next week, that could change. The Legal Affairs Committee of the National Council is set to decide whether to advance a proposal by lawmaker Beat Flach to explicitly criminalize torture under Swiss law, paving the way for full parliamentary debate.

Rights organizations say the reform would close a long-standing legal gap that allows suspected torturers to evade justice on Swiss soil – a gap that, according to rights groups, weakens prevention and accountability.

“The decision can finally give Switzerland a clear legal tool and end the risk that perpetrators of torture remain unpunished,” ACAT-Switzerland, an organization focused on assisting victims of torture, said in a statement co-signed by Amnesty International, TRIAL International and several other organizations.

They said the reform would bring Switzerland’s legal framework into line with its international obligations and reaffirm the principle that there should be “no safe haven” for torturers.

Etienne Cottier, legal affairs officer at ACAT-Switzerland, told Anadolu that the shift in tone among lawmakers marks a turning point.

"For the first time, there is broad, cross-party recognition that the gap must be closed," he said. "Both parliamentary legal commissions have acknowledged the need for a specific torture offence, and UN experts have kept the issue high on the agenda. The discussion has moved from whether to criminalize torture to how to do it properly – that's a major shift."

Cottier said the reform would give prosecutors a clear legal basis, close loopholes, prevent serious cases from expiring under ordinary statutes of limitation and ensure that victims receive proper recognition.

"It also ensures proper recognition for victims and treats acts of extreme cruelty with the gravity they deserve,” he said. “In short, it makes the law more precise, not heavier.”

He also highlighted Switzerland’s reputation as a human rights defender.

"Switzerland built that reputation through consistency between its words and its laws," he said. “If Parliament adopts this reform, it will not only fill a legal gap but reaffirm Switzerland’s credibility as a principled and reliable defender of human dignity. That coherence has always been the strength of Swiss democracy."

- Government says existing Swiss law meets international requirements

Not everyone, however, sees the change as necessary.

When asked by Anadolu about its position, the Federal Council, the country’s collective federal government and executive authority, said its previous stance remains valid, though it “reserves the right to assess specific draft laws individually in due course.”

The government last articulated its position in August 2019, when it told the UN Committee against Torture that Swiss law already meets international requirements. It argued that acts amounting to torture can already be prosecuted under existing articles of the Swiss Criminal Code covering assault, unlawful detention, abuse of authority and similar crimes – all of which carry heavy penalties.

It also maintained that limitation periods are long enough for prosecution and that superiors can be held criminally liable for ordering or tolerating abuse.

"For the above reasons," the 2019 statement concluded, the “Federal Council is of the opinion that it is unnecessary to introduce an offense specifically punishing torture into the Criminal Code. A revision along these lines is therefore not planned.”

Human rights advocates disagree, saying that general provisions cannot replace a clear, internationally recognized definition of torture in law.

Cottier argued that the absence of such an article creates uncertainty and undermines the country’s credibility.

"Symbolic does not mean ineffective," he said, referring to the arguments by some cantons that such recognition would be purely declarative. "A specific torture offence would be both symbolic — as a moral and legal benchmark — and functional, by setting a clear limit to state power and ensuring there is no safe haven for torturers anywhere on Swiss soil."

“If Parliament continues to delay, Switzerland risks normalizing this gap between its international commitments and its domestic law,” he added. “Each postponement weakens prevention and accountability, and makes it harder for the country to credibly claim leadership on human rights.”

- Human rights concerns at home

The debate comes as both the UN and national monitoring bodies continue to document shortcomings within Switzerland’s own institutions, including cases of violence in federal asylum centers, allegations of abuse in detention, and controversial police interventions.

While Switzerland has long portrayed itself as a champion of human rights, advocates say these incidents show that no society is immune to the risk of ill-treatment.

The Legal Affairs Committee’s decision, expected at the end of October, will determine whether the proposal advances to parliament – and whether Switzerland finally brings its domestic law into line with the global human rights standards it helped establish nearly four decades ago.