Case "Carlos"

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The "Carlos" case is a controversy in Swiss social work and justice that lasted from late summer 2013 to 2015 . The case has sparked discussions about the cost of rehabilitation of offenders. After the expensive socio-educational care ended, "Carlos" was imprisoned for another crime. Because of his restlessness , the damage he caused to property and his willingness to use violence, he is one of the most famous prisoners in Switzerland. "Carlos" is the real name of Brian and since 2019 has wanted to be called that in the media.

Controversy 2013-2015

Report on Swiss television 2013

In the television program “Der Jugendanwalt” broadcast on August 25, 2013 in the Reporter series on Swiss television SRF , the work of youth attorney Hansueli Gürber in the canton of Zurich was portrayed. In this context, the then 17 year old “Carlos” was presented. The son of a Swiss from Zurich and a Cameroonian living in Paris had so far been convicted of various offenses 34 times.

“Carlos” was looked after by the Canton of Zurich in the form of a special setting . Such measures can, if indicated, be ordered by the cantonal youth advocate . The RiesenOggenfuss GmbH, based in Zurich, a company mainly active in the Swiss cantons of Aargau and Basel-Landschaft , which according to its own information carries out rehabilitation programs for young people who are difficult to educate , was commissioned with this special setting.

According to the Justice Department of the Canton of Zurich, this special setting cost the state CHF 29,200 a month . The amount of the costs as well as the fact that a violent perpetrator takes boxing lessons with Shemsi Beqiri, who is also a multiple muay thai world champion , and that his victim, who was stabbed in mortal danger, is said to have received hardly any government help, met with criticism.

Consequences from the 2013–2015 report

In response to public pressure, the Zurich Justice Director Martin Graf broken down the costs as follows:

  • 1,930 francs for a four-room apartment in Reinach BL
  • 5,300 francs for muay thai training
  • 11,100 francs care costs
  • 1,800 francs for a private teacher
  • CHF 1,000 for parental work
  • 640 francs pocket money
  • 500 francs for free time and the weekend

Gürber, the responsible long-term youth lawyer who was portrayed in the television program, has resigned.

The Justice Department of the Canton of Zurich reacted to the pressure from the public and drew conclusions from it. For example, violent criminals are not allowed to take boxing training at state expense and the concept of the special setting must be reconsidered. “Carlos” was subsequently temporarily detained.

On February 18, 2014, the federal court ruled that the re-imprisonment of "Carlos" was illegal. The Zurich judiciary had arrested "Carlos" solely because of public pressure and thus violated good faith . Therefore, "Carlos" must be released from the closed accommodation by the end of February. In addition, the canton has to pay compensation of 3,000 francs.

“Carlos” was subsequently taken into a new, more cost-effective setting from the beginning of March 2014; this took place in the Netherlands . Boxing training was no longer part of the regular daily structure. In his free time, «Carlos» could do sports. The newly established special setting should be financed with donations in addition to the state contributions.

After the Finance Commission of the Cantonal Council had already criticized the lack of controlling with regard to the financial competencies of the youth lawyers - there were no restrictions on the amount of expenditure - the SVP and the BDP demanded a parliamentary commission of inquiry (PUK) in this matter. Only the CVP signaled approval, but then spoke out in favor of rejecting the report and against a PUK. Other parties, such as the FDP or the SP , also sharply criticized, but did not consider a PUK to be justified due to an individual case. The motion for a PUK was therefore without a chance in Parliament, as was the motion by the CVP to reject the report.

On June 19, 2014, the Zurich Public Prosecutor's Office announced to the press that those involved had "based on the previous course of the protective measure, together came to the conclusion that the special setting no longer had any educational or therapeutic effects." The senior youth attorney Patrik Killer told the press that the cost-benefit ratio was no longer right. The setting would be canceled immediately and «Carlos» released. He was accompanied until September 2014. At the end of October 2014, "Carlos" was put back in custody until April 2015, on charges of threatening a man with a knife. In the October 2015 trial, which included this case, among other things, the accusation could be refuted and “Carlos” was acquitted in this regard.

On April 12, 2015, Justice Director Martin Graf was voted out of the government council of the Canton of Zurich, which he himself attributed to the "Carlos" case and the media coverage that triggered this case.

Later stays in prison

Detention 2016-2017

On March 7, 2017, "Carlos" was sentenced to 18 months in prison by the Zurich District Court for possibly willful attempted serious bodily harm as a result of an incident on March 29, 2016 that was not related to the controversy. In March, his lawyer made serious allegations about the detention conditions. He was only given bread to eat, was not able to shower, and he was also denied access to books, radio and TV. On July 3, 2017, the Zurich Justice Department presented an administrative investigation into the treatment of "Carlos". She came to the conclusion that he was indeed being held under discriminatory and degrading detention conditions, but that the solitary confinement, the restriction of the right to visit and the refusal to read material were not objectionable. He always got his food in breads, since he could have used styrofoam dishes to clog the toilet. Likewise, the prison staff were overwhelmed with his "insulting, threatening, unruly and aggressive" person. The treatment method was largely motivated by ensuring the safety of the employees. The police had to be called in for every single door opening.

Various online portals reported that "Carlos" allegedly attacked several prison guards in Pöschwies prison at the end of June 2017, and that an employee had to be brought to Zurich University Hospital for a check. According to a source in the NZZ, this happened when he was told that he had to go back to the security department for his own protection - a planned attack by fellow inmates should be prevented. In this context, it is said to have come to a scramble in which "Carlos" himself was injured. In addition, he is said to have hit a pedophile inmate, but the NZZ informant described it as a "jostling". In any case, "Carlos" was taken into custody again.

Pretrial detention 2018

In April 2018, "Carlos" was in the Thorberg prison because he had been arrested for the attack on a guard in the Pöschwies prison. Because of his potential for violence, he had to be accompanied by four members of a special police unit while walking in the prison yard. New criminal proceedings are being prepared for bodily harm, violence and threats against officials and property damage. According to the public prosecutor's office, it will be checked whether “Carlos” can be properly kept .

Process 2019

From October 30, 2019, the trial against "Carlos" took place at the Dielsdorf District Court. The public prosecutor's office in Zurich accused him of 29 offenses that had been committed in various prisons, such as attempted serious bodily harm, simple bodily harm, damage to property, threats, and verbal abuse. The public prosecutor demanded a prison sentence of 7.5 years, a fine and proper custody according to Art. 64 StGB . On November 6, the court found the defendants guilty of all charges. It imposed a prison sentence of 4 years and 9 months as well as a fine of 70 daily rates of 10 francs. The prison sentence was postponed in favor of an inpatient measure under Article 59 of the Criminal Code (so-called “small custody” ). The court refused proper custody. The defense attorney announced that he would appeal the verdict .

Video

Web links

Individual evidence

  1. ^ "Carlos" would like to be named Brian, in the article by SRF
  2. ↑ Hanspeter Bäni: The youth lawyer. Video in: Reporter , SRF 1 from August 25, 2013 (23 min)
  3. ↑ William Stern: The Carlos case - a media and judicial drama, but above all a human tragedy. In: watson.ch . October 30, 2019, accessed October 30, 2019 .
  4. ↑ 22,000 francs per month for violent criminals (17). 20 Minuten , August 27, 2013, accessed March 12, 2014 .
  5. ↑ a b c d nzz.ch: “An ugly, tragic individual case” from September 7, 2013. Accessed on September 9, 2013
  6. ↑ Daniel Schneebeli: Riesen-Oggenfuss collected over three million . Tages-Anzeiger online. November 25, 2014. Retrieved March 3, 2014.
  7. ↑ Pascal Unternährer: “We have to protect Carlos from the media”. Tages-Anzeiger, September 6, 2013, accessed on March 12, 2014 .
  8. ↑ Benno Gasser: Victim of knife stabber Carlos demands 50,000 francs. Tages-Anzeiger, August 30, 2013, accessed March 12, 2014 .
  9. ^ NZZ am Sonntag: youth attorney in the "Carlos" case has given notice - Schweiz Nachrichten - NZZ.ch. In: nzz.ch. Retrieved March 5, 2014 .
  10. ^ "Carlos" must be released , SRF
  11. ↑ Federal Supreme Court judgment of February 18, 2014
  12. ^ Pascal Unternährer: Colleagues should be able to visit Carlos in Holland. In: Tages-Anzeiger .ch / Newsnet of March 6, 2014, accessed on March 8, 2014
  13. ↑ Marcel Gyr, Andreas Schürer: Authorities justify staying abroad. In: Neue Zürcher Zeitung of March 6, 2014, accessed on March 8, 2014
  14. ↑ The special setting is to be financed with donations . Tages-Anzeiger online. March 2, 2014. Retrieved March 3, 2014.
  15. ^ RiesenOggenfuss GmbH. kinderohnerechte.ch, archived from the original on March 3, 2014 ; accessed on March 4, 2014 .
  16. ↑ a b Andreas Schürer: SP calls for a change of direction , in NZZ Online , accessed on March 11, 2014
  17. ↑ Andreas Schürer: No majority for “Carlos” -PUK In: NZZ online , accessed on March 11, 2014
  18. ↑ sda / rom: Parliament clearly rejects PUK on the Carlos case In: 20 minutes online, accessed on April 15, 2014
  19. ↑ Tages-Anzeiger: Emergency apartment for "Carlos" , October 19, 2014, accessed on October 6, 2016
  20. ↑ Tages-Anzeiger: "Carlos" is free , April 21, 2015, accessed on October 6, 2016
  21. ↑ Tages-Anzeiger: There was no knife - acquittal for Carlos , August 28, 2015, accessed on October 6, 2016
  22. ↑ Zurich elections Martin Graf is looking for a new job. Neue Zürcher Zeitung , April 12, 2015, accessed on March 23, 2016 .
  23. ↑ Lucien Scherrer: District Court of Zurich: "Carlos" accused of brutal attack | NZZ . In: Neue Zürcher Zeitung . March 6, 2017, ISSN  0376-6829 ( nzz.ch [accessed October 9, 2017]).
  24. ↑ Liliane Minor: Court punishes and admonishes Carlos. Tages-Anzeiger, March 7, 2017, accessed March 14, 2017 .
  25. ↑ 20 minutes : "Death threats, bad abuse, spitting" , accessed on July 3, 2017
  26. ↑ Fabian Baumgartner: "Carlos" and the fateful quarrel in prison | NZZ . In: Neue Zürcher Zeitung . October 3, 2017, ISSN  0376-6829 ( nzz.ch [accessed October 9, 2017]).
  27. ↑ Carlos needs four companions when going out in the yard. In: 20 minutes. April 14, 2018. Retrieved April 14, 2018 .
  28. ↑ a b Judgment in the trial against “Carlos”: court pronounces “small custody”. In: www.nzz.ch. November 6, 2019, accessed on November 7, 2019 (The hearing before the responsible District Court in Dielsdorf took place on the premises of the District Court of Zurich due to the increased space requirement.)
  29. ^ New trial - «Carlos» charged in 29 cases. In: SRF. April 17, 2019, accessed October 30, 2019 .
  30. ↑ Fabian Baumgartner: Trial against "Carlos": 29 crimes, an expert opinion and a controversial detention situation . In: Neue Zürcher Zeitung . ( nzz.ch [accessed October 30, 2019]).