Morocco’s embassy blocks his laissez-passer: Switzerland must release this Moroccan man
Detained for remaining in Switzerland despite his expulsion, a Moroccan man has obtained his release. His flight to Morocco had failed because Morocco’s embassy had blocked his laissez-passer, a circumstance for which the court found he was not responsible.
The Moroccan national, known to the Swiss authorities under several identities, was subject to a judicial expulsion ordered in April 2022. He was accused of continuing to stay in the country between April and June 2025, and then from December 4 to 14 of the same year.
Arrested on December 14, 2025, he acknowledged that he knew he had to leave the country. The public prosecutor had requested that he be placed in pretrial detention for three months, citing a flight risk. The Compulsory Measures Tribunal ultimately ordered his incarceration for one month, until January 13, 2026.
The man had already been convicted six times between April 2022 and August 2023, notably for violating a ban on entry or residence, offenses against property, violations of personal liberty, offenses under weapons and narcotics legislation. Another proceeding for theft, receiving stolen goods and violating a ban on entry or residence was also ongoing.
On Bladi.net : article 118058
The Swiss authorities had planned to place him on a flight to Morocco on December 1, 2025. However, this departure had to be canceled because of the “blocking of the laissez-passer by the Moroccan embassy,” according to the information submitted to the court. This difficulty echoes the lengthy identification procedures for Moroccans denounced by Switzerland.
The Moroccan man had challenged his detention, promising to leave Switzerland immediately to join an aunt in Montpellier, where he said he was receiving medical care. He had a train ticket to Annemasse, but had provided no address in France.
The judges therefore acknowledged that there was a flight risk. With no fixed address and no right to work or remain in Switzerland, the individual could easily enter France or disappear underground. However, this finding was not sufficient to justify keeping him in prison.
The failure of the removal cannot be held against him
In its ruling of December 29, 2025, the Criminal Appeals Chamber of the Vaud Cantonal Court pointed out that removal measures must, in principle, take priority over the imprisonment of a foreign national residing illegally.
In this specific proceeding, the Moroccan man was being prosecuted solely for violating his residence ban. A prison sentence could therefore be considered only if all reasonable steps to carry out his expulsion had been taken or if the removal had failed because of his own conduct.
However, the case file referred to only one expulsion attempt. This had failed because of the Moroccan embassy’s decision concerning the laissez-passer, and not because of any obstruction by the national. The Swiss authorities therefore could not consider that they had exhausted all removal options. This type of difficulty helps explain why the majority of expulsion orders targeting Moroccans are never enforced in Europe.
On Bladi.net : article 116792
The court concluded that, in this case, the Moroccan man faced a financial penalty rather than another prison sentence. His continued pretrial detention therefore became disproportionate. The public prosecutor’s request was rejected and his release was ordered, provided that he did not have to remain detained as part of another proceeding.
The court costs, exceeding 2000 francs, were assigned to the State. The ruling was immediately enforceable. The Moroccan man nevertheless remains subject to his expulsion: the blocking of the laissez-passer and his release grant him no right to stay in Switzerland.