Facts
X., born in 1992, is the son of Y., who was murdered on January 22, 1997. On January 8, 1999, X. requested compensation and satisfaction from the Directorate of Justice and Home Affairs of the Canton of Zurich, Cantonal Victim Assistance Office. The Cantonal Victim Assistance Office granted the request for satisfaction but rejected the request for compensation. X. then filed a complaint with the Social Insurance Court of the Canton of Zurich, which was dismissed. Subsequently, X. filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court partially upholds the appeal. It finds that the requirements for substantiating a request under Art. 11 et seq. of the Victim Assistance Act (OHG) should not be too strict. The authority must establish the facts ex officio and, if necessary, call on the appellant to cooperate.
Furthermore, the Federal Supreme Court holds that compensation under the Victim Assistance Act is not limited to the first few months after the criminal offense, but must take into account the entire damage. Neither the law nor the ordinance provide for a time limit on damage coverage.
Finally, the Federal Supreme Court states that in calculating the dependant's damages, the advance maintenance payments by the public authorities must be taken into account. Because the…