A/HRC/45/9/Add.1 12. In order to respond to the more recent upsurge in foreign fighters from Switzerland, another law, the Federal Act on the Proscription of the Groups “Al-Qaeda” and “Islamic State” and Associated Organizations, 5 of 12 December 2014, was adopted by the Swiss Parliament and replaced a similar act issued earlier by the Government. Persons found to have joined or supported such groups may face a prison sentence of up to five years or a monetary penalty. This Act is valid until 31 December 2022. At the time of writing, Parliament was discussing amendments to the Criminal Code to broaden the scope of terrorism-related offences therein, including, inter alia, permanently anchoring the provisions of the above-mentioned Federal Act in the Criminal Code. B. Application of the legal framework and recent cases 13. Offences under article 94 of the Military Criminal Code are prosecuted by the Office of the Armed Forces Attorney General, while offences under the Federal Act of 12 December 2014 are investigated by the Office of the Attorney General. The Working Group was informed that the two offices coordinated their investigations, especially in relation to offences that may be punishable under both legal frameworks. The prosecution of offences under article 94 can be handed over to civilian courts if they are associated to other more serious crimes. 14. Between 2000 and 2018, there were 35 convictions for offences under article 94, 6 mostly sanctioned by a suspended prison sentence, and in many instances concerning Swiss citizens who had joined the French Foreign Legion. In recent years, article 94 has also been used to prosecute individuals who returned to Switzerland after fighting alongside nonState armed groups regardless of their affiliation. For instance, in 2019, a military tribunal convicted a man for having served in a militia in the Syrian Arab Republic fighting against Islamic State in Iraq and the Levant between 2013 and 2015.7 An appeal against the decision was pending at the time of writing. As regards the Federal Act on the Proscription of the Groups “Al-Qaeda” and “Islamic State” and Associated Organizations, there have been five legally enforceable decisions on the basis of this law since 2017 .8 15. In its session of 8 March 2019, the Federal Council decided that Swiss authorities would not actively engage in repatriating adult Swiss nationals who had travelled abroad on the basis of “terrorist motivations”. While acknowledging their right to return to Switzerland, the Council decided that, to the extent possible, such individuals should be prosecuted at the place of commission of the crime according to procedures that respect international standards, and should also serve their sentence there. The Council broadly referred, inter alia, to the possibility of supporting criminal proceedings on the ground, or assisting its citizens deprived of liberty through the framework of consular protection. The Council further observed that around 20 Swiss citizens associated with terrorism were present in conflict zones in the Middle East at the time.9 16. The Working Group expressed concern that, in some instances, that policy may put the rights of Swiss nationals at risk. The risks were particularly high in countries with laws that defined terrorism in broad and vague terms, and where the laws carried a death sentence, and in countries where suspected terrorists were allegedly subjected to torture or cruel, inhuman or degrading treatment or punishment, and were denied the right to a free and fair trial. The Working Group urges Switzerland to ensure that the rights of its citizens are upheld in line with its obligations under the international human rights treaties that it has ratified. In cases where Swiss citizens may be at risk of serious human rights violations, the authorities should seek their extradition. 5 6 7 8 9 4 Available at www.admin.ch/opc/en/classified-compilation/20142993/index.html. See www.bfs.admin.ch/bfs/fr/home/statistiques/criminalite-droit-penal/justice-penale/jugementsmineurs-adultes.assetdetail.8946552.html. See www.rts.ch/info/suisse/10239019-le-combattant-suisse-anti-groupe-etat-islamique-condamneavec-sursis.html. Figures shared by the Federal Department of Foreign Affairs. See www.ejpd.admin.ch/ejpd/fr/home/aktuell/news/2019/2019-03-08.html.