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After Supreme Court decision – prosecutors want to put Brian back in prison – News

3 November 2022

The Zurich public prosecutor’s office does not want to accept the release of Switzerland’s best-known prisoner.
Brian is to be transferred directly from preventive custody to remand due to a new trial.
At a media conference, the lawyers for the 27-year-old were shocked by the latest developments in their client’s case and spoke of an “unacceptable approach”.

The Zurich public prosecutor’s office announced that it would not take action against the Supreme Court’s decision on Brian’s release from custody, which became known on Tuesday. Instead, she is seeking remand in a pending case alleging Brian has committed 33 crimes between November 2018 and June 2022.

It is about a case of attempted serious bodily harm, multiple violence and threats against authorities and officials, multiple damage to property, multiple threats and simple bodily harm. From the point of view of the public prosecutor’s office, there is a risk of repetition.

lawyers disappointed

At a media conference called at short notice, the 27-year-old’s lawyers were shocked by the latest developments in their client’s case. The actions of the prosecutor’s office thwart Brian’s planned release from prison on Monday.

According to Brian’s lawyers, the incidents only related to the time he was in solitary confinement. “Brian resisted this inadmissible form of solitary confinement, he was in an emergency situation,” said lawyer Thomas Häusermann. Both the UN Special Rapporteur on Torture, Nils Melzer, and the National Commission for the Prevention of Torture criticized Brian’s detention conditions at the time. “Brian rebelled against these inhuman prison conditions. And for that he should now be in custody,” said Häusermann.

The Zurich Higher Court announced on Tuesday that Brian’s preventive detention was not proportionate and that excessive detention was imminent. Therefore, the High Court announced the lifting of the preventive detention. The prison sentence last imposed by the Dielsdorf District Court has already been fully served with the current preventive detention. The Supreme Court’s decision to dismiss Brian is not final and may be appealed to federal court.

The person concerned had taken hold of the news, but was disappointed. Brian said on the phone that he was sure that one day the law would be on his side.

His lawyers want to take legal action against the renewed detention, but judge the chances of success as modest. The lawyers also complained that a criminal complaint they had filed alleging abuse of office and torture in connection with Brian’s prison conditions was being shelved by the authorities. Virtually nothing has happened in this regard for over a year.

Probably the most famous prisoner in Switzerland

Brian has come a long way through numerous institutions: as a teenager he stabbed with a knife, followed by juvenile detention, psychiatry, measures. Again and again he ends up behind bars, because of bodily harm, but also preventively in unjustified detention.

In 2013, the then 17-year-old appeared under the name “Carlos” in an SRF documentary. His special setting for CHF 29,000 a month causes outrage and makes the case political.

Legend:

On October 31, 2022, the Zurich Higher Court ordered Brian to be released from preventive custody in the coming days.

KEYSTONE/Linda Graedel

Brian’s willingness to use violence and his resistance push the justice system to its limits. The Dielsdorf district court sentenced him to almost five years in prison for attempted serious bodily harm and other criminal offenses. The Zurich High Court increased the sentence to six years and four months. The Federal Supreme Court overturned this decision on November 12, 2021 and referred the case back to the Supreme Court.

During his pre-trial and preventive detention, Brian’s attorneys filed various complaints. In May 2022, the Federal Supreme Court rejected an appeal against the extension of preventive detention.

Solitary confinement is understood to mean a very strict and strict segregation of extremely violent inmates, with whom one must expect attacks on the staff or even endangering oneself at any time.

Solitary confinement can be ordered at the beginning of the sentence and to initiate the execution for a maximum period of one week, to protect the prisoner or third parties and as a disciplinary sanction. In Swiss practice, the prisoners are very isolated, but are allowed to listen to music or see their families, for example.

Solitary confinement at the beginning of the sentence is hardly ever used in Switzerland, because in many cases the inmates had already been in solitary confinement for a long time as part of the pre-trial detention. Therefore, immediate integration into the normal prison system is often necessary.

In the case of regular solitary confinement, six months are usually ordered as a first step. In addition, at least one check of the condition of the prisoner must be carried out every six months.