The Federal Department of Finance (FDF) rejected the application in January 2021. It justified its decision by saying that the border guards did not act correctly at the time. However, their behavior is not the reason for the alleged damage. The so-called causality is therefore missing – a prerequisite for the claim for damages.
The FDF does not attribute the mental impairment of the woman to the behavior of the border guards either. Rather, it is due to the traumatizing event of the stillbirth. Therefore, the FDF has rejected a satisfaction, as can be seen from the facts published by the Federal Administrative Court.
The couple have lodged an appeal with the Federal Administrative Court against the FDF’s negative decision. In her view, the psychological impairments are a consequence of the physical injury that was inflicted on the wife under traumatic circumstances. The husband and children were also affected.
The spouses see damage in the lower support payments. Instead of going to Germany as planned, they should have applied for asylum in Italy.
French authorities refused to continue the journey
The couple and their three minor children were handed over to the Swiss Border Guard on July 4, 2014. They had tried to travel by train from Milan to Paris. However, the French authorities refused them and other Syrians further travel.
A total of 36 people were taken to Brig VS, where they had to wait for a train back to Italy. The applicant was pregnant at the time. In the premises of the Border Guard Corps, she was increasingly plagued by severe pain. Corps employees, however, refused medical attention to the woman.
The woman could no longer get on the train that took her back to Domodossola (I). She had to be carried. After arriving in Italy, she was taken to a hospital where she suffered a miscarriage. A report stated that the fetus was already dead before the stay in Brig.
Border guards sentenced to fines
The superior of the three border guards involved was sentenced to a conditional fine of 150 daily rates of 150 francs in 2018 for negligent and simple bodily harm and for not following service regulations.
The three subordinates involved were sentenced to conditional fines of 30 daily rates each for the same offenses in early 2021. (Case A-691/2021)