Facts
X., born in 1992, is the son of Y., who was murdered on January 22, 1997. On January 8, 1999, X. applied to the Directorate of Justice and Home Affairs of the Canton of Zurich, the Cantonal Victim Assistance Office, for compensation and satisfaction. The Cantonal Victim Assistance Office granted the request for satisfaction but rejected the request for compensation. X. appealed against the rejection of the compensation request, which was partially upheld by the Federal Supreme Court. As a result, the Social Insurance Court obliged the Canton of Zurich to pay X. compensation of CHF 19,440.- plus 5% interest since January 22, 1997.
Considerations
The Federal Supreme Court states that, contrary to the wording of Art. 14 para. 1 of the Victim Assistance Act, benefits received by the victim as compensation must also be deducted from the compensation if they have already been taken into account in the calculation of the eligible income under the ELG. This corresponds to the principle of subsidiarity of victim assistance, according to which the state compensation is only intended to cover the damage that remains uncovered after deducting the compensation already received.
Furthermore, the Federal Supreme Court states that the financial situation of the mother of the minor victim must also be taken into account in determining the compensation. According to Art. 3a para. 4 ELG, the recognized expenses and eligible income of persons living in the same household are to be added together. This serves the basic idea…