A/HRC/4/19/Add.2 page 9 • The systematic refoulement of all persons coming from neighbouring transit countries that are considered safe; • The transmission of information to the State of origin of the person without ascertaining whether or not the person in question, or his or her family who remained in the State of origin, will be subject to any risk, as soon as the first decision is taken to deport the person; • The exclusion of social assistance for all applicants who have been rejected; • Incarceration for up to two years for persons resisting return.9 27. Moreover, the amendment of the law eliminates the notion of “honourable motive” for persons who assist asylum-seekers whose requests have not been considered for formal reasons (requérants d’asile frappés de non-entrée en matière)10 and those whose requests for asylum have been dismissed. Thus, on the one hand, whoever “facilitates the entry, departure or illegal sojourn of a foreigner or takes part in preparations for this purpose” is liable to a penalty of imprisonment for up to one year and a fine of 20,000 Swiss francs. On the other hand, any person acting within the framework of an association or group of persons who, even for humanitarian reasons or for the purpose of protecting human rights, provide assistance to persons whose requests have been dismissed, are liable to a penalty of imprisonment for up to five years and a fine of up to 500,000 Swiss francs.11 28. The Office of the United Nations High Commissioner for Refugees (UNHCR) expressed serious concern at certain aspects of the law, particularly the provisions restricting access to asylum for persons without valid travel or identity documents. The 1951 Convention relating to the Status of Refugees specifically provides for refugees who may have had to flee their country without being able to obtain valid travel or identity documents. This Swiss legal provision, which has been called one of the “strictest in Europe”, seems to ignore the case of persons fleeing for their lives who have not been able to obtain such documents.12 The Special Rapporteur takes note of the fact that Swiss law provides for exceptions and hopes that courts take account of this in their jurisprudence. 9 See, for example, http://www.stopexclusion.ch. 10 A decision of non-entrée en matière means that, for formal reasons, the request for asylum will not be considered further. As a general rule, the persons concerned must leave Switzerland immediately, http://www.osar.ch/asylum-rights/all-about-asylum-in-switzerland/ non-admission?appendLang=fr. 11 Federal Law Act Foreign Nationals (LEtr) of 16 December 2005, chap. 16: Criminal provisions and administrative sanctions. 12 Ron Redmond, spokesperson for UNHCR, briefing note of 27 September 2005, http://www.unhcr.org/cgi-bin/texis/vtx/news/opendoc.htm?tbl=NEWS&id=4339291211.