Blog Post: Counter-terrorism control orders come to Switzerland

A blog post written by Gloria Gaggioli and Ilya Sobol, ‘Counter-terrorism control orders come to Switzerland: is assigned residence for ‘potential terrorists’ compatible with art. 5 ECHR?’, published on EJIL:Talk!

The legislative responses to terrorist violence in Europe over the past several years have shown a new trend of circumventing proper judicial review and protections of criminal law by relying on ‘administrative measures’. Broadly, such measures can be defined as restrictions of a non-criminal nature, ordered by the executive in the name of terrorism prevention, and subject to limited judicial review. European governments now have the powers to prohibit individuals from leaving and returning to their country of residence, deprive them of citizenship on new grounds, issue ‘control orders’ – restrictions on individuals’ freedom of movement, e.g. night curfews, assigned residence, obligation to report – all enforced outside the normal criminal process.

Read the full post here.