Zurich High Court confirms expulsion for train pusher
Published: Wednesday, Dec 20th 2023, 15:20
Updated At: Wednesday, Dec 20th 2023, 15:21
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The Zurich High Court has confirmed the expulsion of an Eritrean man who pushed a woman in front of an arriving train in May 2021. The court described the act at Zurich main station on Wednesday as endangering life.
The mentally disturbed defendant remains in a psychiatric clinic. The custodial sentence of four years is postponed in favor of the inpatient measure. Compared to the previous instance, the sentence is reduced by one year and ten months.
This is explained by the fact that the High Court does not assume attempted intentional homicide, but rather endangerment of life. It could not be proven that he wanted to kill the woman he did not know. He himself had not been able to explain what was going on with him. "We also cannot prove whether he noticed the train approaching", said the judge. There was a lot going on at the main station, many noises from all sides.
The train was no longer traveling fast. But if someone was lying on the tracks, the person would probably suffer fatal injuries even if the train was traveling at low speed. The judge noted that it was lucky that nothing happened. The woman was able to climb back up after a few seconds with the help of passers-by.
He is not a case of hardship
The most important point of the Eritrean's appeal against the judgment of the lower court, the expulsion from the country, remains in place. However, the court reduced it from eight to six years. While the verdict was still being pronounced, the 30-year-old wanted to know whether he would have to leave soon.
Endangering life is a catalog offense. Only in cases of hardship can expulsion from the country be waived. The 30-year-old was not a case of hardship, the judge clarified. He had not grown up in Switzerland, hardly spoke the language and most of his family lived in Eritrea.
His schizophrenia could be treated in Eritrea, even if the standard would not be the same. Whether he can be sent back must ultimately be decided by the migration office, said the judge. Although the man was a recognized refugee, he could be deported if he had committed serious crimes.
Federal court in favor of repatriations
At the hearing a week ago, the 30-year-old said that he had been conscripted as a child soldier in Eritrea and had experienced torture. He had deserted and emigrated illegally.
The judges did not want to dispute the experiences described. However, deserters and irregular emigrants could return. They would have to pay a tax on site and submit a letter of apology.
The Federal Supreme Court had recently ruled in favor of the expulsion of Eritreans on several occasions. The judges did not consider the man to be an opposition leader who was at risk of severe reprisals. The alleged participation in two demonstrations in Switzerland was not sufficient.
Sentenced for further offenses
In addition to the four-year prison sentence, the court also sentenced the accused to a fine of 120 times 10 francs and a fine of 300 francs. Among other things, he had caused a fire in his room, verbally abused police officers and disturbed a church service.
An appeal against the decision can still be lodged with the Federal Supreme Court.
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