Romina, aged 21, lost her phone one night in Bern. The tracking system showed that it was at the federal asylum seekers’ centre in Lyss, in the Bernese region. She went to the police. They told her that a search was not legally possible. The State Secretariat for Migration (SEM) confirmed the same position. The Bern cantonal police added that the operation would be disproportionate for the sake of recovering a phone. And she went to the police; she didn’t stay at home resigned to her fate. That in itself says something.
The case reached Parliament. Last Monday, two UDC MPs raised the issue directly with the Federal Council during Question Time: should the legal framework be amended so that victims can recover their stolen property? The question made perfect sense.
The Federal Council responded by partially rejecting the SEM’s proposal. Security officers at federal facilities may carry out searches at any time. The police may enter when necessary to carry out their duties. What needs to be assessed is the proportionality of the action in relation to the type of offence. The Government concluded that no legal changes are required, as the current framework already allows for this.
The phone turned up a few days later. Security guards at the centre had found it during their rounds. The police rang Romina to tell her she could come and collect it. Case closed. But several weeks and a parliamentary debate passed between the phone being stolen and the Federal Council having to clarify the SEM’s official position. The fact that this is what it takes to recover a phone in 2026 is what gives one pause for thought.