(La Tribune de Genève)

Tesfu, who identifies as Eritrean, is 51 years old. He fled Ethiopia at the age of 16, before Eritrea gained independence, and has lived in Geneva without a residence permit for the past 35 years.

Since May, Tesfu has been held at Geneva’s Frambois administrative detention center as authorities prepare to deport him to Ethiopia—a country he says he is not a citizen of. The Cantonal Office for Population and Migration (OCPM) attempted to deport him at the end of August, but he resisted violently on board the plane, shouting and struggling. The pilot refused to transport him.

While at Frambois, Tesfu also swallowed batteries and went on a hunger strike. “I don’t understand why the OCPM insists on sending me to Ethiopia when I will be tortured there, as Eritreans are mistreated. I live in fear; the OCPM just wants to get rid of me,” he told a judge.

Tesfu made these remarks on Tuesday to a judge at the Administrative Court of First Instance, challenging a two-month extension of his detention. His lawyer, Orianna Haldimann, called for his immediate release.

Deportation on hold as authorities await court ruling

Tesfu’s deportation has been temporarily suspended while the Criminal Appeals Chamber decides whether to confirm or overturn the expulsion order.
Since Eritrea refuses to accept its citizens who are forcibly returned, authorities have decided to deport Tesfu to Ethiopia, which issued him a travel document. An Ethiopian delegation visiting Switzerland recognized him as a citizen.

In court, the OCPM representative noted that Tesfu had failed to convince the delegation of his Eritrean nationality, justifying his continued detention at Frambois. The official added that his detention can last up to a maximum of 18 months, until the end of 2026, when a final expulsion decision is expected.

Lawyer challenges legality of deportation

Tesfu’s lawyer, Orianna Haldimann, argues that it is illegal to deport someone to a country where they hold neither citizenship nor a residence permit—and with which they have no real ties.

“The Ethiopian delegation just asked for my name,” Tesfu told the court, while the Eritrean embassy recognized him based largely on an expired passport. “Why didn’t they request a new one?” the judge asked.

Eritrea, Tesfu’s lawyer says, demands that he confess to evading national service. Tesfu has made clear he does not want to return to the Eritrean dictatorship, where military service is mandatory and torture is rampant.

Leaving Switzerland for the Horn of Africa, Haldimann argues, would be a death sentence. Tesfu has struggled with serious addictions to cocaine and heroin for 19 years and is currently on opioid substitution therapy—treatments unavailable in Ethiopia or Eritrea, where abrupt withdrawal could be fatal.

While Tesfu has a criminal record, including theft and attempted burglary, Haldimann notes these offenses are tied to his addictions, and he has already served his sentences. She argues that keeping him in Frambois would prolong an endless period of uncertainty. The judge is set to deliver a ruling on Wednesday.