Although the Swiss army was aware of the dangerousness of the perpetrator in the murder case in schafhausen im Emmental, didn’t care for the confiscation of the gun. This was decided by the Federal administrative court in connection with a state liability action.
because of a serious personality disorder unfit for duty declared man shot and killed in may 2011, a police officer and wounded another in the Arm. The shots of the man was with his army pistol. He was condemned in a row for the murder and attempted murder to a term of imprisonment of 20 years.
The weapon would not longer be allowed to have the man at the time of the offence. He had been declared due to his mental disorder to be unfit. Since January 2008, he was a member of the army.
Two social insurance schemes that pay for the death of a police officer pensions to the surviving spouse and the two children, had submitted to the Swiss Federal Department of Finance (FDF) is a state liability action. You want to have a refund of the paid by you and amounts owed by the Federal government.
your desire is to justify the omission of the Swiss army. The insurance companies complain that the army made no effort, despite the known severe personality disorder of the offender over the years, therefore, the orderly weapon to collect.
No control by the army
The Federal administrative court has ruled in a published on Thursday in a decision that the behavior of the army is legally. You have neglected your duties of action.
for the administrative handling of the weapons and material withdrawal competent district command had not been on the urgency informed. And the logistics base of the army had not controlled whether the gun had been returned. So you’ve violated your duty of care.
The Federal administrative court has rejected the case to the EVS. The Department had denied the illegality and, therefore, is not expressed, whether the refinement was the misconduct of the army was causal for the death of the police officer. This must make up for it now. Similarly, it must decide on the amount of damage for the insurance.
The judgment is not yet final. It can be dragged to the Federal court. (Sentences A-3025/2017 and A-3047/2017 from 08.02.2019)
Created: 14.02.2019, 11:59 PM
