ABDOULAYE GAYE, Committee Expert acting as Co-Country Rapporteur for the report of Switzerland, expressed concern about the absence of the criminalization of torture and ill and degrading treatment.-- See more here
On August 4, 2015 Switzerland, the Confederation Helvétique, claims to the UN that it doesn't use torture. The item is quoted in the local Suisse press.
It is a flagrant lie: Philip Rousseau was incarcerated on suspicion of homicide by carelessness or murder on April 29, 2015 and submitted to torture to bring him to plead guilty for a crime that he had not committed and that he was an homosexual.
The Swiss police seems to insist that being an homosexual makes you a criminal. The Swiss police refuses to accept that homosexuals are just born that way. Being a criminal is something else.
This incarceration came some hours only after Philip discovered the body of his friend Oscar and called emergency and the police. Philip was still under the shock of having found his deceased friend.
Philip is of French nationality but he was raised in an English environment. His knowledge of the French language is limited. Philip asks for an interpreter otherwise he doesn't understand the question precisely and could not compose an appropriate answer.
The police refuses an interpreter to Philip.
The police has a ''Form relating to rights and obligations of the accused.'' written in English.
One item reads: ''You can at any moment, turn to a defending counsel of your choice.''
Another items reads: ''You have the right to ask for assistance by a translator or interpreter.''
The police simply ignores that they have such a form.
The Swiss police uses what they call ''forcing'' in Switzerland that is to say to choose a person at random, torture until him or her until he/she pleads guilty. The Swiss use an English word ''forcing'' in order not to say NAZI because this procedure was created by the Nazi Gestapo, this information was revealed during the procedures of the Military Tribunal of Nuremberg in October 1946.
For Philip the 'forcing' (that is to say the torture) began on 28 April 2015 shortly after 9 pm on Tuesdays and lasted nine consecutive hours. Philip had two options: plead guilty in order to stop the torture or don't plead guilty and undergo the torture.
Philip decided not to plead guilty because he knows that he didn't commit the crime.
The Swiss police doesn't lose time in order to attempt to finish off its victim.
While the 'forcing' is going on, the district attorney, thinking that Philip will collapse under the ''forcing,'' had put in place a procedure which will be ready to fast tract Philip's case : a complex procedure of medical legal clinical examinations with blood analysis, urinary and capillary, which will be ready to quickly close a judicial 'investigation' after Philip has pleaded guilty claiming that Philip is a drug user and an homosexual and involved in the death of Oscar.
The district attorney Frédéric Gisler gives the following instructions to the police:
''Within the open penal procedure against Philip Rousseau, I confirm my oral orders and in application of art. 312 CPP, to do the following investigations :
Search Philip Rousseau and interview him as an accused, in the presence of a duty lawyer. (duty lawyer= lawyer retained by the police.)
Proceed to a search of the domicile of Philip Rousseau.
Protecting and exploiting if need be, the content of [natel] (s) computers and other numeric supports used by Philip Rousseau or recovered in his possession.
To proceed to the collection of the ID data of Philip Rousseau, including his DNA.
Proceed to a blood test and of urine on Philip Rousseau as well as to some sample on his hands and his genital parts, under the supervision of the physician jurist.
Organizing with the physician jurist the clinical examination of Philip Rousseau, according to separate instructions sent directly to Dresse Schrag physician jurist.
Establishing the antecedents of Philip Rousseau in Switzerland and if need be, overseas.
For Philip the 'forcing' (that is to say the torture) began on 28 April 2015 shortly after 9 pm on Tuesdays and lasted nine consecutive hours.
The Swiss police doesn't lose time in order to attempt to finish its selected victim.
The procedure of 'forcing' is carried out as follows:
On the police side there is a rotation of personnel while Philip is on his own.
A member of the police launches the forcing. He insists that Philip is guilty of the murder of Oscar. And asks ''
Are you ready to plead guilty?''
Philip replies ''No.''
Another member of the police takes over and insists that Philip is guilty of the murder of Oscar. And asks
''Are you ready to plead guilty?''
Philip answers ''No.''
Another member of the police insists that Philip is guilty of the murder of Oscar. And asks '' Are you ready to plead guilty?''
Philip answers ''No.''
And this is going to continue for nine consecutive hours.
A true brain washing Nazi style.
With in addition the physical mistreatment.
The problem for the Swiss police is that at the end of the 24 hours period available for the 'forcing,' Philip has not pleaded guilty. Philip was released on April 29 ,2015 (toward 16h30, the hour of the order to the jail) because the police didn't get any new evidence of his guilt, in spite of the bad physical and mental treatment that Philip has received. Now the Swiss police is looking for a new reason to arrest Philip, for a new 24 hours of ''forcing'' to try again to break Philip. But as Philip has instructed his Avocat (lawyer) that all contact with the police will only take place with his lawyer present. The Suisse police fail to break that barrier.