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Swiss court upholds Moroccan man’s release, but he would rather stay in detention than return home

Sentenced to twelve years in prison in Switzerland for stabbing his wife, a Moroccan national is contesting his own conditional release. It would lead to his return to Morocco, where he refuses to go back. The Federal Supreme Court has just rejected his appeal.

By Sébastien A.
Swiss court upholds Moroccan man’s release, but he would rather stay in detention than return home

The situation is unusual, to say the least. While Swiss authorities believe he can leave the facility where he is being held, a Moroccan man born in 1975 is asking for his care to continue. In a ruling dated October 2, 2026, the Federal Supreme Court upheld his conditional release, which will take effect once his expulsion to Morocco can be carried out.

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The case dates back to February 22, 2010. The man stabbed his wife. In August 2012, the Vaud courts sentenced him to twelve years in prison for attempted murder. Initially ordered to undergo outpatient psychiatric treatment, he was placed under an institutional therapeutic measure in June 2019.

His condition gradually changed. Since 2022, medical teams have observed that his behavior has stabilized and that he is adhering well to treatment. An assessment conducted in July 2024 now rates his risk of reoffending as low. Specialists believe the institutional treatment has achieved its objectives.

In May 2025, the sentencing enforcement judges of the canton of Vaud therefore granted him conditional release, subject to a two-year probation period. The decision came with one condition: he would be released on the day authorities could arrange his departure from Switzerland.

He wants to stay in Switzerland to continue his treatment

The man opposes this prospect. Questioned in September 2025, he said he had left Morocco 23 years earlier and had lost his mother. He fears being left without work and having to rebuild his life in a country he left a long time ago.

He wants to continue his psychiatric treatment in Switzerland, where he has applied to the Geneva authorities to regularize his residency status. His legal strategy is to secure the continuation of his therapeutic measure rather than accept release linked to his expulsion.

After several appeals, the Vaud Court of Appeal upheld the decision in May 2026. The man then appealed to the Federal Supreme Court, arguing that his release and return could jeopardize his health and prospects for reintegration.

The federal judges relied on his medical progress, satisfactory behavior and the psychiatrists’ findings. His stability now makes conditional release possible. His placement in an open facility since October 2024 has also given him the opportunity to work and prepare for his return.

The appeal was ultimately rejected on October 2, 2026. The Moroccan man remains subject to a deportation order issued in July 2014, and Moroccan authorities identified him in October 2021. A travel document can be issued once a flight has been scheduled. While arrangements are made for his departure, he remains in an open facility. The Federal Supreme Court also rejected his request for legal aid and ordered him to pay 1,200 Swiss francs in court costs.