In the fight against terrorism, Switzerland has two main focuses at international level:

• Cooperation with other states and the provision of mutual support for each other’s counter-terrorist activities
• The defence, under all circumstances, of fundamental human rights and international humanitarian law

Of fundamental importance to Switzerland are the prohibition of torture and right to due process and a fair trial for all those detained in connection with a terrorist offence. This policy accords both with Switzerland’s own convictions and its international obligations.

Switzerland is involved in the efforts to combat terrorism being made by various international organizations, especially in those of the United Nations and the Council of Europe. It was with Swiss involvement, for example, that the latter drafted its “Guidelines on human rights and the fight against terrorism” (2002). This instrument adopts the principles enshrined in the jurisdiction of the European Court of Human Rights and is a good example of legislation based on the same.

Since 1999, on the basis of Resolution 1267 and various follow-up resolutions, the UN Security Council has imposed a number of obligations on UN member states in the fight against terrorism. These include targeted financial sanctions, travel restrictions as well as an arms embargo against both natural persons and legal entities suspected of being associated with Al Qaeda or the Taliban. Currently, the names of about 500 natural persons and legal entities appear on the list of this sanctions regime. Switzerland has applied these sanctions since 03.10.2000.

To date, however, there has not been a sufficiently fair de-listing procedure. In particular, there has been no mechanism for affected persons to apply to have their listing reviewed by an independent and impartial body. Switzerland has pointed out this shortcoming from the beginning and, in summer 2005, together with a coalition of like-minded countries launched an initiative to improve the sanctions procedure, in particular with a view to taking more into consideration the rights of affected persons. In summer 2008, it submitted a concrete proposal to the Security Council to set up an independent review body. Since then, a number of national and regional courts and parliaments have also criticised this lack of protection of individual rights.

The Security Council has now responded to the demand of Switzerland and other like-minded countries (Belgium, Costa Rica, Denmark, Finland, Germany, Liechtenstein, the Netherlands, Norway and Sweden) for a fairer procedure. On 17 December 2009, it has decided to create the Office of an Ombudsperson as a contact point for persons affected by the anti-terror sanctions of the UN Security Council. The new resolution stipulates that persons whose names have been included on the list of the sanctions regime against Al Qaeda and the Taliban have the right to be informed about the reasons of the court sanctions against them as well as the right to appeal to the Ombudsperson to be delisted. The Ombudsperson examines the case independently and impartially and submits to the Sanctions Committee of the Security Council the reasons for or against removing the name of the person concerned from the sanctions list. In addition, the resolution stipulates that it is the responsibility of the UN Secretary-General to appoint an eminent individual of high moral character, integrity and impartiality to be Ombudsperson.

Switzerland welcomes this improvement to the existing procedure. As a result, the rights of individuals will be taken into account at the international level and the legitimacy of the United Nations system of sanctions will be strengthened. Switzerland will closely follow the implementation of the new resolution.