Because of endangering life – Zurich High Court confirms expulsion for HB-Schubser – News


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The man defended himself against his possible deportation from Switzerland before the highest court in Zurich – in vain.

The Zurich High Court confirms the expulsion of a 30-year-old man from Eritrea. In May 2021, he pushed a woman in front of an incoming train at Zurich Central Station.

The district court had already convicted him for this act – and, among other things, pronounced him expelled from the country for eight years. The 30-year-old has now tried in vain to defend himself against the first instance ruling before the higher court.

Higher court imposes lighter sentences

The highest court in Zurich also issues an expulsion from the country, although at six years it is somewhat milder than the first instance. The man was also sentenced to four years in prison.

The higher court also made this sentence more lenient: compared to the previous instance, the sentence was reduced by one year and ten months. This is explained by the fact that the higher court does not assume that there was attempted intentional homicide, but rather that life was endangered. It cannot be proven that he wanted to kill the woman, who was unknown to him.

Legend:

The responsible Zurich judges do not believe that the accused is in any case of hardship.

Keystone/Ennio Leanza

The higher court also postponed this punishment in favor of inpatient measures in a psychiatric clinic. The mentally ill defendant, who apparently suffers from schizophrenia, remains in a psychiatric clinic.

The woman remained uninjured

The perpetrator himself could not explain in court what was wrong with him. “We also can’t prove whether he noticed the train coming in,” said the judge. There is a lot going on at the HB, lots of noises from all sides. The train was no longer moving fast. But if someone was lying on the tracks, the person would probably suffer fatal injuries, even if a train was traveling at low speed.

The judge said it was lucky that nothing happened. The woman was able to climb back up after a few seconds with the help of passers-by.

Endangering life – a catalog crime


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Endangering life is a catalog offense. Expulsion from the country can only be waived in cases of hardship. The judge made it clear that the 30-year-old was not a case of hardship. He didn’t grow up in Switzerland, barely speaks the language and most of his family lives in Eritrea. In addition, his schizophrenia can be treated in Eritrea, even if the standard is not the same.

The migration office ultimately has to decide whether he can be sent back. Although the man is a recognized refugee, deportation can be issued for serious crimes.

At the trial a week ago, the 30-year-old said that he had been drafted into Eritrea as a child soldier and had experienced torture. He deserted and emigrated illegally. The judges did not want to deny the experiences described. However, deserters could return by paying a local tax and submitting a letter of apology.

The judge also noted that the Federal Court had recently decided several times in favor of deporting Eritreans from the country.

In addition to the penalties mentioned, the higher court also sentenced the 30-year-old to a fine of 120 times ten francs and a fine of 300 francs.

Among other things, he caused a fire in his room, insulted police officers and disrupted a church service. The accused can still file an appeal with the Federal Court against the decision of the Higher Court.

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