Zurich/Bern, 25 June 2026 — Internal documents obtained by Helvilux reveal that Iraqi nationals whose asylum applications have been rejected are being held for months in Switzerland’s deportation detention centres (Ausschaffungshaft) at Zurich Airport, despite serious legal and practical obstacles making their forced return to Iraq extremely difficult or currently unfeasible.
The documents, exchanged between the Kanton Zürich Sicherheitsdirektion Migrationsamt and the federal State Secretariat for Migration (SEM), expose the tension between Switzerland’s push for stricter deportation policy and the realities on the ground in Iraq.
The Case Highlighted in the Documents
In a letter from Zurich’s Migration Office, officials acknowledge that a specific Iraqi detainee remains in custody while his legal representatives argue that:
- The issued Laissez-Passer (LP) has expired.
- There is no concrete assurance from Iraqi authorities for its renewal.
- The feasibility of the deportation is therefore questionable.
The lawyers further reference an unclear overall situation regarding returns to Iraq and point to a SEM communication about a pilot project for returns without Swiss police escort. According to the document, “no concrete timeframes” for this pilot exist, which puts the enforceability of the removal order into doubt.
In its reply, the SEM takes a more optimistic stance. It states that no new assurance for the Laissez-Passer is needed and that the Iraqi consulate will issue a new one once requested. The SEM highlights an improved security-political situation in Iraq, resumed regular flights by Turkish Airlines to Baghdad (including night flights), and the operational status of the Swiss embassy in Baghdad.
Crucially, the SEM announces that the pilot project will be tested for the first time next month, with concrete deportations planned for late June and early July 2026 (which till publishing the article on 26 June 2026 never happened at all). It also leaves open the possibility of charter flights (Sonderflüge) if regular airlines refuse boarding.
Solidarity Outside ZAA Prison
On 7 June 2026 and on 13 June 2024 just one day before the popular “Keine 10 Million initiative” vote scheduled for 14 June 2026, several organisations gathered outside the ZAA detention prison to show solidarity with detainees (including irregular migrants and rejected asylum seekers awaiting deportation). They held a peaceful protest calling for a halt to deportations. “Solidarity towards Faisal” Stop deportation board was flexed on the protest.
On both occasions, shortly after the gathering of activists, police officers from the Kantonspolizei Zürich arrived at the scene and prepared water cannons in anticipation of possible unrest. However, the protest ended peacefully within a few minutes, and the demonstrators left the area without incident. To let people protest, even the authorities recently constructed a new parking spot just opposite to ZAA Detention Prison.
Criticism: Detention despite uncertain deportation
Human rights organisations and migration lawyers criticise authorities’ practice sharply of unnecessary detention of those who cannot be deported at any time. They argue that prolonged detention in facilities such as the ZAA (Zentrale Ausschaffungshaft) is disproportionate when concrete prospects for deportation are lacking. “People are being deprived of their liberty for administrative reasons even though the state itself admits uncertainties regarding the execution of the removal,” said a migration lawyer familiar with similar cases (anonymised in the documents). “This raises serious questions under the European Convention on Human Rights (Art. 5) and Swiss detention law, which requires a realistic prospect of deportation within a reasonable time.”
Broader Context: Why Iraqis continue to seek protection in Switzerland
Despite the Swiss authorities’ assessment of gradual improvement, Iraq remains a country with deep-rooted, structural problems that continue to drive thousands of its citizens to seek asylum in Europe including Switzerland.
Security Situation
- Persistent activity by ISIS sleeper cells, especially in central and northern provinces (Anbar, Ninewa, Kirkuk, Diyala).
- Widespread influence of heavily armed militias (including Iran-aligned Popular Mobilization Forces), which often operate with impunity and are accused of extortion, arbitrary arrests, and targeted killings.
- High level of general criminality, tribal disputes, and revenge attacks.
Persecution and Human Rights
- Religious and ethnic minorities (Yazidis, Assyrian Christians, Shabaks, Turkmen, Mandaeans) still face serious threats. Many Yazidis remain traumatised by the 2014 ISIS genocide; thousands are still missing.
- Political activists, journalists, and critics of the government or militias are regularly harassed, threatened, or arrested.
- Women and girls are at risk of honour-based violence, forced marriage, and limited access to justice. LGBTQ+ individuals face extreme danger.
- Reports of torture, enforced disappearances, and extrajudicial killings by state and non-state actors continue.
Economic and Social Collapse
- High youth unemployment and widespread poverty, particularly outside the oil-rich areas and the relatively more stable Kurdish Region (KRI).
- Chronic electricity and water shortages, destroyed infrastructure in former conflict zones, and a failing healthcare system.
- Systemic corruption that prevents reconstruction funds from reaching the population.
These factors lead many Iraqis especially from Arab-majority provinces to conclude that they cannot safely rebuild their lives at home. While the Kurdish Region of Iraq is often considered safer by European authorities (leading to higher rejection rates for Kurds), conditions in the rest of the country remain highly volatile.
Questions over Judicial Oversight of Coercive Measures in Zurich
Helvilux’s investigation has uncovered evidence that raises serious questions about the handling of detention cases by the Zurich Migration Office and the District Zurich Coercive Measures Court (Zwangsmassnahmengericht).
Documents reviewed by Helvilux indicate that, in one case, a police interview protocol submitted in support of detention proceedings appears to have been prepared even though no interview with the arrested person took place. The evidence further indicates that the detainee’s purported signature on the protocol was not genuine. Despite these apparent irregularities, the document was subsequently relied upon by the Migration Office of the Canton of Zurich when requesting deportation detention rather than considering less coercive alternatives. An office abuse case against that police office is for investigation at the Public Prosecutor of Zurich II office.
According to Helvilux’s review of the case file, the District Zurich Coercive Measures Court approved the detention without addressing the alleged inconsistencies surrounding the police protocol or examining whether the evidentiary basis for detention had been properly established. Helvilux believes the case raises broader questions about whether sufficient judicial scrutiny is consistently applied in migration detention proceedings.
The investigation has also identified cases involving rejected asylum seekers with spouses and children legally residing in Switzerland who were subjected to territorial restrictions (Rayonverbote) that allegedly prohibited them from entering the very areas where their immediate family members (including small children) lived. Lawyers familiar with these cases argue that such restrictions may interfere with the right to family life protected under Article 8 of the European Convention on Human Rights and require a careful proportionality assessment.
Helvilux further alleges that, in several cases it has examined, less coercive alternatives to detention were not meaningfully considered before detention orders were requested and approved. While Swiss law requires authorities to act proportionately and in good faith, the evidence reviewed by Helvilux raises concerns that detention may at times have been favoured even where less restrictive measures remained available.
The Swiss Federal Supreme Court repeatedly mentioned that, “The liberty-restricting measure of territorial restriction must in each case be applied in a manner consistent with the Constitution and the ECHR. The restriction must be suitable and necessary to ensure and facilitate the enforcement of the removal. It must not go beyond what is required for this purpose, which must be taken into account in particular when determining the size of the area and the duration of the measure; the aim and the means must be in a reasonable relationship to each other (cf. BGE 135 II 105 consid. 2.2.1). Upon a justified request, the competent authority must grant exceptions for certain activities such as visits to authorities, lawyers, doctors, or relatives, insofar as the corresponding basic needs cannot be adequately and constitutionally met within the designated area itself (judgment 2C_993/2020 of March 22, 2021, consid. 3.1). See court order 2C_369/2025.
But even then Federal Supreme courts precedences in majority of cases in Canton Zurich and other cantons are not being respected by Migration office of canton of Zurich and Coerciva measure court of District Zurich. Systematic abuse pattern is used while issuing less coercive measures so that a rejected asylum seeker or illegal migrant to protect his family rights and fundamental rights will violate the less coercive measure and authorities get a chance to put him in detention prison. Till the victim gets justice from the Higher court some months pass in the detention prison, tax payers money is spent, Verwaltungsgericht being overloaded with unnecessary appeals which could be solved in Coercive measure court, Public money and court time is being wasted and the cycle goes on.
Helvilux founder and journalist Mahesh Kamath said, “If lower courts do not even wish to respect the precedents of the Federal Supreme Court, and authorities continue to misuse their official powers only to create more victims which will be a kind of bio fuel for the created capitalist system in prison by tax payers expenses, how can such a system be sustainable in long term? Lower courts should not forget that the world is evolving. Foreigners, as well as Swiss citizens, are becoming more cautious, have less trust in the socalled system, and are increasingly aware of their constitutional and legal rights thanks to free access to artificial intelligence and the Internet. The day a majority of victims begin uploading their dismissed cases to social media and AI, asking how Swiss lower courts acted arbitrarily, learning the law, demanding justice, and taking to the streets, it will not take long for the so-called unique Swiss system to be exposed.”
Kamath also said, “We are living in a time when even obtaining access to case files in Switzerland often feels almost impossible. While sitting in Geneva, Switzerland will lecture to the whole world how the right to information should be respected by third world countries but in domestic ground level things are far from the right to information which is guaranteed by the Swiss Constitution. Even people seeking access to their own files frequently face significant delays. Articles 29 and 29a of the Swiss Constitution guarantee access to court and procedural rights. Articles 6 and 13 of the European Convention on Human Rights guarantee the right to a fair hearing and an effective remedy. However, in practice, Switzerland, through what we believe to be a systematic pattern of abuse, often fails to uphold its own Constitution and its international legal obligations. This kind of practice is not sustainable and we are on a ticking bomb.”
Court files reviewed by Helvilux also show that some migration decisions were subsequently overturned or modified by higher courts, including the Administrative Court of the Canton of Zurich and, in certain cases, the Federal Supreme Court. Migration lawyers note that many affected individuals never reach those appeal stages because they lack legal representation, financial resources or sufficient knowledge of the Swiss legal system, meaning that questionable decisions may never be judicially corrected. Few organisations are working to help the victims get justice and they are overloaded with cases and victims files, therefore new victims often get no representation as well.
Helvilux has submitted detailed questions to the relevant cantonal authorities regarding these findings and invited them to respond to the evidence uncovered during its investigation. Any responses received will be incorporated into this investigation.
A permanent settlement holder Iraqi Refugee in Switzerland, who wished to remain anonymous, said, “I was tricked and misled by the Swiss authorities several times, but I only realized it after I requested my complete case file from the Migration Office of my canton. That was when I understood that the Gemeinde and other authorities told me one thing while telling something completely different to the Higher authorities. Access to case files is free, but the majority of refugees, rejected asylum seekers and undocumented migrants in Switzerland do not even know how to request them. As a result, the authorities still feel comfortable violating constitutional and fundamental rights and have little fear of abusing their official powers. In the end, until misconduct is proven, everyone is presumed innocent, and the Swiss system is designed in such a way that victims do not easily gain access to the courts or receive adequate free legal aid to present their cases and prove abuses committed by the authorities.”
How Rejected Iraqi Asylum Seekers Are Commonly Apprehended
In several documented cases, a recurring pattern has been observed among rejected Iraqi asylum seekers in Switzerland. Many of those affected are later apprehended while working informally in the construction sector or other manual labour jobs without legal authorisation.
According to case observations, some individuals are detected during workplace inspections or police checks at construction sites. In a number of these cases, employers are reported to be from the same linguistic or cultural background, which may facilitate informal hiring arrangements.
In other instances, individuals are apprehended during traffic controls or routine police checks, including cases involving speeding or other minor offences, which subsequently lead to the discovery of their irregular residency status.
These recurring circumstances have contributed to a broader enforcement pattern in which rejected asylum seekers are often identified not through targeted immigration raids, but through incidental encounters in everyday labour or public situations.
Recent reporting on Switzerland’s construction sector also highlights ongoing concerns about informal and irregular labour practices. According to Swissinfo, the Swiss Competition Commission (Comco) has expanded an investigation into suspected bid-rigging and coordination among construction companies, involving multiple firms and ongoing scrutiny of procurement practices in the sector. The case reflects broader attention on compliance and enforcement challenges within construction work environments, where subcontracting chains and informal arrangements can complicate oversight and labour regulation. (Click here)
The Financial Cost of Detention instead of less coercive measure
Those who believe that placing rejected asylum seekers and undocumented migrants in deportation detention under harsh conditions will encourage the majority of them to leave Switzerland voluntarily may be mistaken. In practice, many detainees are released back into return centres after spending several months in detention because their removal cannot be carried out.
During their stay in detention, prisoners receive two meals a day prepared to Swiss institutional standards. They are also given the opportunity to work inside the detention facility, where they can earn between CHF 100 and CHF 350 per month. In addition, they have access to basic medical care, psychiatric services upon request, a laptop for personal use, and free legal assistance while in detention. Whenever they are required to appear before a court, they are transported under police escort.
All of these measures come at a significantly higher cost to Swiss taxpayers than accommodating a rejected asylum seeker or undocumented migrant in a return centre, where residents typically receive only CHF 10.50 per day and are responsible for obtaining and preparing their own food, with far fewer services available.
From a financial perspective, extensive use of detention is therefore not always the most cost-effective approach. Critics argue that the public debate often focuses on appearing tough on migration rather than examining whether detention is necessary, proportionate and economically justified in every case. As migration has become an increasingly polarising political issue, many citizens may support stricter detention policies without fully considering their financial implications or whether less restrictive alternatives could achieve the same objective at a lower cost to taxpayers.
According to Helvilux’s foreign associate journalist from Pakistan, for the past several years there has been a growing trend in Gujranwala city of Pakistan, where people pay around 5 to 10 thousand Swiss francs local currency to human traffickers in an attempt to be smuggled into Switzerland via Dubai using fake passport on direct flights to Zurich Airport. As per the Human Trafficker, If they are lucky, they are allowed to enter Switzerland, receive a temporary N permit while their asylum application is being processed and receive monthly social assistance till their case will be dismissed after some years. If they are unlucky and their asylum application is rejected at the initial stage at Zurich Airport, they are transferred to a detention facility ZAA Detention prison which is in the same Zurich Airport for several months. While in detention at ZAA prison, they can earn several times more including Swiss Standard meals and medical facilities, even compared to work inside the Pakistani Job Market.
Since many of these Pakistani citizens have no valid identity documents from their home country, and Pakistan is still not considered a safe country for asylum purposes, many are eventually granted temporary admission with an F permit after some time. As a result, many people from Gujranwala are effectively competing for places with human traffickers, hoping to try their luck on Swiss soil.
Switzerland is known as an innovative country with solutions to many complex problems. However, it has so far been unable to find an effective solution to this issue. Interestingly, this topic has remained largely unknown or isolated from the awareness of many ordinary Swiss citizens.
Journalist Kamath also said, “There are many problems within the European and Swiss migration systems. However, instead of repairing and reforming those systems, the same old methods continue to be used. Meanwhile, much of the pro-government media remains busy shaping public opinion through propaganda, creating confusion among local citizens. For example, Dublin transfers are often presented to the public as deportations to migrants’ countries of origin, even though they are fundamentally different procedures. At the same time, a small number of companies and third parties continue to profit from the existing system. Neither are the root causes in the countries from which asylum seekers originate being adequately addressed, nor are sustainable long-term solutions being pursued. Unfortunately, even the constitutional principles on which democratic societies are built are, in my view, being systematically weakened, while softer versions of arbitrary methods are increasingly being financed with taxpayers money. The media reports that a certain number of deportations have taken place and that stricter migration rules have been introduced. However, no one talks about whether those stricter policies result in violations of human rights. Also is that really a ground situation or just to put fear on newcomers to make it less attractive to come here? Also, there are companies that, without even deporting a single person, have earned hundreds of thousands of Swiss francs simply by arranging flights that were ultimately never used. Meanwhile, taxpayers are satisfied by the propaganda they see instead of being informed about the reality on the ground. In today’s world, where social media and everyday life keep people constantly occupied, many citizens simply do not have the time to examine these issues in depth and that’s where the smart business model is being functioned and profiting someone. But as it’s not sustainable, more and more inflation and other problems could not be ignored which is currently happening in Switzerland and in Europe.”
As the Bible says in Luke 8:17, “For nothing is hidden that will not be made manifest, nor is anything secret that will not be known and come to light.”
Swiss Policy Shift but still far from Pilot Project
Since the 2024 migration agreement with Iraq, Bern has intensified cooperation. The number of forced returns has risen and Switzerland has stationed a SEM delegate in Baghdad. Nevertheless, actual deportation numbers remain modest compared to other nationalities, and cases like the one documented continue to highlight the gap between political rhetoric and operational reality.
Earlier this year, the Federal Department of Foreign Affairs (FDFA) updated its official overview of bilateral relations with Iraq, highlighting that Switzerland has significantly deepened its cooperation with Baghdad in recent years. (click here to check the webpage). The FDFA states that migration and peacebuilding are among Switzerland’s key priorities in Iraq, with bilateral migration relations having been “deepened and formalised.”
According to the department, Swiss engagement includes supporting the return and reintegration of rejected asylum seekers alongside humanitarian assistance, rule of law, human rights initiatives and economic cooperation. The FDFA also notes that Switzerland reopened its embassy in Baghdad in 2024 after a 33-year absence, underscoring Bern’s intention to strengthen diplomatic ties and cooperation on migration and security matters.
Even then In 2025, 622 Iraqi citizens applied for asylum in Switzerland. Of these, there were 754 decisions, with 97 granted asylum status and 129 granted temporary admission (protection rate around 37% overall).
Iraq is not among the top countries of origin for asylum seekers in Switzerland (top ones in recent years include Afghanistan, Eritrea, Türkiye, Algeria, and Somalia). Applications from Iraq have been relatively stable but modest compared to peaks during the ISIS period.
While June 2026 is near to finish, there is no clear picture of a pilot project that could allow Iraqis to be easily deported. But then also to prolong the detention speculative arguments are being provided in the coercive measure court so that Iraqi could unnecessarily detain for long term.
Art. 80 para. 6 lit. a of Swiss AIG clearly stares, the detention itself must be legally and factually possible. Also Art. 76 para. 4 AIG states, the necessary measures for removal or deportation must be taken without delay.
Federal Supreme court in several judgement and recently in (BGE 130 II 56 E. 4.1.1 with references) mentioned that, “Detention pending deportation is intended to secure the enforcement of the removal measure and must therefore be seriously suitable to achieve this purpose, which is no longer the case if the removal or deportation cannot be carried out within a reasonable time despite the authorities’ efforts in the specific case.” Also in (E.4.1.3.) stated, “Decisive for the assessment of the feasibility of enforcement is whether deportation is likely to be possible within a foreseeable period of time. Detention must be terminated if there are compelling reasons indicating that enforcement is not feasible or if it is practically certain that it cannot be carried out within a reasonable period.”
Therefore, Human right organisations are now calling on the SEM and cantonal authorities to provide transparent statistics on current Iraqi detainees in Ausschaffungshaft (ZAA Detention Prison) and the average duration of their detention.
The SEM has not yet commented publicly on the specific documents but maintains that all detentions comply with legal requirements and that returns are only carried out when deemed safe.This article is based on internal official correspondence obtained by Helvilu and publicly available information on the situation in Iraq.
