Key legal question
Whether enforcement detention under Art. 78 AuG was lawful for a person who failed to leave Switzerland after a final removal order and could not be removed coercively to Algeria.
Extracted holding
The detention met the statutory requirements: the removal order was final, the departure duty had been ignored, coercive removal to Algeria was not currently possible, and detention was the last available measure to induce cooperation.
Extracted reasoning
The appellant had been unlawfully present for years, had refused to board a return flight in 2002, and his return depended solely on his own cooperation. Because an ordinary removal detention was no longer permissible and no milder measure appeared effective, enforcement detention was justified.