Switzerland: Federal Administrative Tribunal upholds return of Eritrean asylum seekers who completed their military obligations

On 17 August 2017, the Swiss Federal Administrative Tribunal ruled on case D-2311/2016 that the return of Eritrean nationals who completed their military obligations is lawful. The Tribunal found that those who completed their military obligations or who resolved their situation with the Eritrean government by paying the necessary fee are not likely to be sentenced for a criminal offence or to be forcibly recruited to the military.

The case in question concerned an Eritrean woman who left Eritrea at the age of 29 and who had completed many years of national service. The Tribunal concluded that it was unlikely that she would be condemned for leaving the national service or that she would be obliged to serve once again upon return. The Tribunal did not rule on whether the Eritrean national service constitutes a likelihood of inhumane treatment or if it must in itself be considered slavery or forced labour. Finally, the Federal Administrative Tribunal also reached the conclusion that the situation in Eritrea is not one of generalised violence justifying a complete ban of returns to that country.

Based on an unofficial translation by the ELENA Weekly Legal Update. We would like to thank Adriana Romer, ELENA Coordinator for Switzerland, for bringing this case to our attention.

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