Zurich prosecutor calls for nearly 10-year prison sentence for Brian
Published: Monday, Oct 30th 2023, 19:01
Updated At: Tuesday, Oct 31st 2023, 00:54
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The nationally known prison inmate Brian is to receive another prison sentence of almost ten years. This is what the prosecutor demanded at the Dielsdorf District Court on Monday. The lawyers of the 28-year-old, who stayed away from the trial, request his release.
For almost two years, Brian has no longer been in solitary confinement in Pöschwies prison, but in Zurich prison. According to reports, he is well-adjusted, polite and correct. The 28-year-old socializes with fellow inmates, sticks to agreements and even accepts the occasional "no," at least most of the time.
"He can adapt to situations, but he is not a different person," said one of the expert witnesses questioned during the first day of the trial. Brian's personality structure is unchanged, he said, as he refuses any therapy.
Release would be "a great experiment"
This was evident in May, for example, when the guards confiscated Brian's cell phone. He had repeatedly posted videos on Instagram and TikTok, building up a considerable following. When his phone was confiscated, he made threats and damaged objects - but he did not attack people.
What that would mean for a life "on the outside", the expert could not answer. In his opinion, a possible release would be "a great experiment".
Prosecutor no longer demands custody
The discussion about "outside" was held because the prosecutor requested exclusively a prison sentence with a clear end - no custody as in previous trials.
He demanded a prison sentence of 9 years and 7 months for 30 attacks on guards and fellow inmates at Pöschwies. In the most serious newly charged offense, attempted grievous bodily harm, Brian allegedly threw a piece of broken glass in the direction of a guard. The supervisor was injured above the eye.
In addition, there are three counts of simple bodily harm, seven counts of damage to property, five counts of threats and 19 counts of violence and threats against authorities and officials. Because Brian has been in prison for years, he would soon have served two-thirds of the requested sentence of almost ten years. Theoretically, he could then be released on parole.
Second proceedings pending at the Supreme Court
However, another case against him is still pending: The high court is currently clarifying with the help of experts whether the 28-year-old became aggressive primarily because of the rigid prison conditions. The high court is not expected to issue this new verdict until mid-2024 or even later.
There it is a question of another 6 years and 4 months, also for offenses in the Pöschwies. It is quite possible that he will then have to go back to prison - or stay in prison until mid-2024, if the court finds this appropriate.
2.5 million for "horror detention conditions"
His lawyers are seeking release as well as about 2.5 million francs in satisfaction and damages for the "horror conditions of detention" in absolute isolation. They say Brian was merely responding to years of solitary confinement and racist and vicious treatment. Solitary confinement had also been proven to be illegal, he said. "That's why he was allowed to fight back."
In fact, an expert also criticized the Zurich prison system. He examined the detention regime in the Pöschwies on behalf of the high court and came to the conclusion that these detention conditions had considerably aggravated Brian's aggressive behavior.
Certain restrictions are permissible, for example to protect other people, the expert said. However, the institution, in this case the Pöschwies, must "do everything possible to comply with the standards". This had been done only inadequately.
Brian is dispensed
Moreover, solitary confinement for three and a half years was clearly prohibited under human rights law. The expert thus supported the assessment of Nils Melzer, the former UN Special Rapporteur on Torture, who had also strongly criticized the Zurich prison system.
Brian himself stayed away from the trial. Because he did not want to be presented in hand and foot cuffs, he was dispensed. The judge regretted this. He would have liked to "see and hear Brian in person." The trial will continue on Tuesday. Sentencing is on November 8
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