Arrested in Basel: three borders in one city
Basel sits at the point where Switzerland, Germany and France meet, with an airport operated jointly with France and a river port that is Switzerland's only access to the sea. Almost every case here has a border in it. Swiss procedure applies: 48 hours to the application, four days to the court.
What three borders produce
- Customs. Goods, cash and vehicles crossing in either direction, with declaration obligations that apply because Switzerland is outside the EU customs union.
- The binational airport, where the French and Swiss sectors sit side by side and which authority intervenes depends on where you were stopped.
- The Rhine port, generating freight, customs and occasionally narcotics cases.
- Cross-border workers, whose residence and employment sit in different countries.
- Pharmaceutical and chemical industry, which produces regulatory, environmental and workplace-safety proceedings of its own.
The airport point is not academic. Being stopped in the French sector engages French procedure, with the framework set out in the guide for France; the Swiss sector engages Swiss procedure. Establishing which one happened is the first question.
The Swiss clock, in short
Twenty-four hours of police custody, twenty-four more for the prosecutor, a decision by the compulsory measures court within four days, and detention of up to three months at a time. The full framework is in the guide for Switzerland.
The Italian side
Where there is an Italian proceeding, a warrant or an alert, the two fronts run together — and with Switzerland outside the European Union, on longer timescales. The framework is in the guide on extradition.
Frequently asked questions
I was stopped at the airport. Which law applies?
It depends on the sector. The airport is operated jointly with France, and the French and Swiss sectors engage different procedures.
Do I have to declare cash?
Yes, in both directions: Switzerland is outside the EU customs union, so the obligation applies on entering and on leaving.
How long can they hold me?
Twenty-four hours by the police and twenty-four more by the prosecutor, with the compulsory measures court ruling within four days of the arrest.
Is there an equivalent to the European Arrest Warrant?
No. Surrender between Switzerland and EU states proceeds by extradition, which takes longer and turns on different grounds.
If this is happening now
Which side of the border you were stopped on determines the whole procedure. First contact is free and covered by professional privilege, at any hour.