The Guardian reported on Dec. 9 that the full text of a secret agreement between Switzerland and China has been revealed for the first time. The agreement allows Chinese security officials to use taxes paid by Swiss taxpayers to enter Switzerland and interview Chinese nationals whom the local government wishes to deport. In response, a spokesman for the Swiss immigration department said under questioning that the agreement was the same as technical agreements signed between Switzerland and dozens of other countries. He also stressed that anyone at risk, such as Tibetans or Uighur Muslims persecuted by China, would not be a candidate for deportation “and would not be interrogated by Chinese officials.
The five-year Readmission Agreement, signed in 2015, expired on Monday, according to the report. The agreement provides for Chinese agents to travel to Switzerland and interview suspected Chinese nationals whom Swiss authorities wish to deport. Unlike more than 50 similar agreements Switzerland has signed with other countries, the agreement was never made public by the government and was not even publicly acknowledged until August of this year. During the two-week “mission,” the Ministry of Public Security’s “experts” must be invited, but once the invitation is extended, China can choose its own agents without the need to obtain Swiss approval. They could enter Switzerland without official status, and Switzerland promised to keep their identities secret. The reports they provide to the Swiss authorities must also be kept confidential.
“Readmission agreements” are a regular part of international law, but human rights defenders say the 2015 agreement between Switzerland and China is not reciprocal and is of a “completely different nature” than agreements Switzerland has signed with other countries. According to Safeguard Defenders, while other agreements generally limit the activities of foreign officials to meetings with repatriated persons and must be open and official, the agreement with China is so secretive and allows officials to operate in an unofficial capacity that it is unusual. In response to reports of a huge controversy in Switzerland and abroad, a spokesman for the Swiss immigration department told AFP that the agreement with China was a technical one, like those signed with dozens of other countries. He also stressed that anyone at risk, such as Tibetans or Uighur Muslims persecuted by China, would not be deported “and will not be interrogated by Chinese officials.
Reto Kormann, deputy director of the Information and Communication Department of the Swiss State Secretariat for Migration (SEM), explained in an email that “most countries will only want to take back their citizens if they can verify their identity.” In this case, he noted, the agreement with Beijing was used only once, in 2016. The ministry said in a statement that “two Chinese officials then stayed in Switzerland for several days and interrogated a total of 13 people.” The department also said the text of the agreement was made available to anyone who requested it. The department stressed that “there is no urgent need to extend the arrangements and that such procedures are not essential.” The discovery and criticism of the text has prompted members of the Swiss federal parliament to demand more oversight, and the correlation should be discussed in the coming months.
Some human rights groups say Switzerland could violate the principle of non-refoulement in international law, which prohibits the forcible return or deportation of refugees to places where their lives or freedom are threatened. Human rights organizations are concerned that there is no mechanism to monitor the treatment of repatriated people upon their return to China. “Given China’s appalling record on the rights of detainees, it is also a legitimate concern that if repatriated people are detained, they may be subjected to torture or other ill-treatment,” said Leo Lan, a spokesman for Chinese Human Rights Defenders (CHRD). Leo Lan, a spokesman for Chinese Human Rights Defenders, said.
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