The Geneva criminal court by the handle with the utmost severity. It has yesterday condemned the Portuguese for the murder of his neighbor, to 20 years in prison. Subsequently, the 53-Year-old is held in custody.

The murder case, has an extraordinary history. The Geneva Prosecutor Endri Gega in the summer of 2016, before some of the puzzles. He suspected Antonio F., his neighbor Nicole B. in February 2015 murdered. Investigators had found in the apartment of Antonio F. personal items from Nicole. However, they found no traces of a violent crime and no body.

“He was excluded seemed to be the last Chance”

A suicide. Investigators had found Nicole B.’s cat half dead in a container space of the residential area. Your family and friends pleaded: “Nicole would have to leave your cat never yourself.”

The state attorney decided that an under cover agent to the remand prison of Champ-Dollon to inject. The justice fake it all: the first name Paolo, a theft as a criminal Offence and the arrest. In truth, Paolo was a covert investigation of a specialised police officer from Portugal. “He was the last Chance to solve this murder,” said Prosecutor Gega before the court. “Because we haven’t found her body, could Antonio F. say anything,” said Gega.

Anonymous letters to the justice

Ten days Paolo lived in the two cell with the alleged perpetrator. He should make friends with Antonio F.. The guards knew knew his identity is not only a member of the prison Directorate to know.

Paolo was allowed to ask any investigative questions. He should lead, without the pressure that Antonio F. spoke of self through the act of murder and said where the body of Nicole B. was. Individual conversations took Paolo with the phone. From the other he took notes and later prepared protocols.

Antonio F. was delighted with the cellmate from Portugal. The suspect began to talk about Nicole. He insulted you, and reported, a lifeless body was very heavy and suggested to have the act of murder with bare hands perpetrated.

From the prison of everyday life wears you down, handed Antonio F. Paolo is a sketch.

As Paolo the cell to the left, behind he, Antonio F. had a cell phone so that they remained in contact and visited him regularly in prison. The investigators listened to the phone conversation. They learned that Antonio F. Paolo asked to write to the justice anonymous letters, to draw the suspicion of murder on an Innocent man. The letters should further give the impression that Nicole’s killer was in freedom. The investigators also learned that Antonio F. Paolo gave the order to his brother-in-law to kill, and if necessary also his sister.

The breakthrough came in the Prosecutor’s office in 2017, after Paolo Antonio was granted to F., he could no longer visit him. From the prison of everyday life wears you down, handed Antonio F. Paolo is a environment sketch, where he buried the body in a forest first, and a week later had burned. He gave Paolo the order to disclose Nicole B. s skull on your letter box and to write down on a piece of paper: “I, Nicole am.”

thanks to the sketch, the Prosecutor could recover the mortal Remains to France. It is only now that Antonio F. learned the truth about Paolo was partially admitted their guilt.

a critique of the lawyers,

Antonio F. s lawyers requested from the court, it should not allow the covert investigators collected evidence. They were illegal, since you deceived your clients. Attorney Gega said, the compulsory measures court had approved the action, Antonio F. s defenders were informed after the discovery of the mortal Remains, rekurrierten.

According to Gega deployments of undercover officers are in Swiss prisons “extremely rare”. On request of the public Prosecutor’s office and the compulsory measures court of Zurich information, refuse to do so. The Prosecutor’s office in Bern says only that you use per year, on average, eight undercover investigators. This will hardly come in prisons.

last rights

criminal lawyer to keep undercover investigations for controversial because it is the right to refuse, takes a suspect and a suspect is in custody, the right to a Rest on the protection of privacy.

a Federal judge Niklaus Oberholzer does not want to speak to the Geneva case. In his criminal trial textbook he writes: “A covert interrogation by a visitor, in the custody disguised, not open to the investigating police officer is subject to the ban on Exploitation. Submit to the undercover investigators taking advantage of the established trust relationship in an interrogation-like manner to the accused’s questions, or he urges him not to testify, is a circumvention of the statement of the right to refuse.”

The Zurich-based criminal lawyer, Tanja Knodel shares this point of view. She says: If the judicial bypass is the statement right to refuse to take you for an accused to be his last law in a procedure. “The consequences of an unauthorised covert investigation are in contradiction to the inadmissibility of evidence, which stipulates that evidence of unfair and deceptive methods of investigation of Proceedings or an acquittal must,” he said. She asks: “May not be cleared of a murder with legal methods of investigation, this must lead to acquittal.” The Geneva justice decided otherwise.

(Tages-Anzeiger)

Created: 04.04.2019, 12:28 PM