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Brian K. * (25) demanded compensation of CHF 40,000 and CHF 16,000 in damages to the canton of Zurich. The reason: inhumane treatment in prison. The Zurich District Court has ruled that the troublesome prisoner is right. However, the court rejected the monetary claim for formal reasons, as announced on Thursday.
Brian K., known as “Carlos”, should have made these demands in the judgment of the district court within the current criminal process. This has been legally concluded since March 2017. Therefore, the lawsuit for the money is dismissed.
Had to sleep on the floor without a mattress
Brian referred in his liability claim to his time in Pfäffikon ZH Prison, where he was held in security custody in January 2017. There, the inmate was held in a solitary cell without a mattress for twenty days. They only gave him a poncho as clothes, because otherwise he would have clogged the bathroom with the clothes.
They denied him showers and walks in the courtyard. He was only allowed to use a toothbrush after ten days because he could have used it as a weapon. He only received sandwiches to eat. This is also a security measure because no plates or cutlery are required.
The prison director had to go
Following an administrative investigation commissioned by the Directorate of Justice Jacqueline Fehr, the canton argued that prison staff had no choice but to treat him like this. The muscular young criminal’s mania for destruction was limitless. However, the director of the Pfäffikon remand prison was replaced.
In its ruling published Thursday, the district court also found Brian K. to be aggressive and recalcitrant, making a correct and health-preserving prison system “very difficult”. However, the state has a duty to care. Even with difficult prisoners, he had to take care of their health and well-being, as much as possible and reasonable.
Moving on is possible
Although Brian K.’s behavior was an absolute exception, in the court’s view, “reasonable alternatives” existed. In general, the court found the conditions of detention in Pfäffikon to be unreasonable, inhumane and damaging to personality.
The verdict is not yet legally binding. Brian K. can still take your liability claim to superior and federal courts. The 25-year-old, who has had negative effects since childhood, is currently in security custody at Pöschwies prison. (SDA / noo)
Published: 03/25/2021, 9:19 am
Last updated: 25.03.2021, 11 minutes ago
