Obligation to sign a declaration of repentance at the Eritrean consulate is unlawful

In its judgment 2C_64/2025 , published on November 20, 2025, the Federal Supreme Court ruled that requiring applicants to sign a declaration of remorse at the Eritrean consulate in Switzerland in order to obtain a hardship permit (B permit) is unjustified. In the present case, the applicant fulfilled all the requirements for obtaining a residence permit based on hardship and thus for converting their F permit into a B permit. According to the court, the declaration of remorse, which the Eritrean authorities require in exchange for issuing an identity document, constitutes a self-incriminating statement incompatible with Swiss law and international guarantees. Demanding such an admission in order to obtain a residence permit is therefore disproportionate, bears no direct relation to the identity verification process, and violates the principle against self-incrimination (nemo tenetur), which states that no one is obliged to incriminate themselves. This means that it will no longer be necessary to present an Eritrean passport to obtain a B permit due to hardship. 

In its ruling, the court also recalls that the general situation in Eritrea, particularly with regard to national service and human rights, remains critical and that the specific consequences of a return are unpredictable and arbitrary. 

The SFH welcomes this decision, which puts an end to an arbitrary practice tolerated by the Swiss authorities and protects Eritrean nationals from a humiliating measure that could endanger their physical safety and that of their families. In the future, the Swiss authorities must ensure that the granting of a hardship permit is based on the conditions stipulated in Swiss law and not on a self-incrimination demanded by another state.

This decision has been published in the official collection of judgments of the Federal Supreme Court, underscoring its significance. The SFH hopes it will have the greatest possible impact and will continue to closely monitor the practice concerning people from Eritrea.