Since April 2024, Switzerland has applied the so-called 24-hour procedure in order to process asylum applications from certain countries of origin much more quickly. At present, the procedure mainly affects people from Algeria, Morocco, Tunisia and Libya.
Purpose and Effects of the Procedure
The aim of the procedure is to reduce pressure on the asylum system and to speed up the processing of applications with very low recognition rates. The new procedures have in fact led to a significant reduction in the duration of proceedings. Many cases are now completed within just a few weeks.
At the same time, however, the analysis shows that the intended deterrent effect has largely failed to materialize. The number of asylum applications from the affected countries has not significantly decreased.
Criticism of the Strong Acceleration
The rapid acceleration of the procedure is particularly criticized with regard to procedural rights. Asylum seekers often have very little time to prepare with their legal representatives, explain their reasons for fleeing in a credible manner, or obtain important evidence.
Hearings sometimes take place only one or two days after the asylum application has been submitted. Practice also shows that obtaining evidence under such conditions is hardly possible.
Evidence and the Right to Be Heard
Particularly problematic is the expectation by the authorities that affected persons should organize evidence even before submitting their application. This may lead to relevant grounds for protection not being sufficiently taken into account.
Vulnerable Persons
Another major issue concerns the treatment of particularly vulnerable individuals. Although vulnerable persons should in principle not be processed under fast-track procedures, there is still no systematic mechanism for identifying them.
Traumatised individuals or victims of serious violence may often be unable to disclose their situation within such short deadlines. As a result, there is a risk that persons in need of special protection remain within the 24-hour procedure despite requiring additional safeguards.
Duties to Cooperate and Dismissals
It is also criticized that asylum applications are sometimes dismissed already because of minor violations of duties to cooperate, for example when someone misses a hearing.
In such cases, there is often no real examination of the merits of the application, which raises concerns regarding fairness and proportionality.
Conclusion
In conclusion, the article calls for clearer and more objective criteria for the application of the 24-hour procedure, as well as a standardized mechanism for the early identification of vulnerable persons.
Efficiency should not come at the expense of a fair and rule-of-law-based asylum procedure.