Facts
On July 31, 1997, Y. (born 1951) was killed by a gunshot to the head by a young man. Her husband X. (born 1949) subsequently filed two applications based on the Victim Assistance Act (OHG). He requested the payment of a satisfaction of CHF 60,000.- and compensation of CHF 234,135.40.
The Department of Justice awarded X. a satisfaction of CHF 50,000.- and rejected the request for satisfaction, insofar as it went further. He appealed against the decision of May 8, 2000, by which X. was awarded compensation of CHF 9,421.-. The Administrative Court of the Canton of Bern overturned the decision and awarded compensation of CHF 23,333.-.
X. filed an administrative court appeal with the request to set aside the judgment of the Administrative Court and to award him compensation of CHF 100,000.-.
Considerations
The Federal Court dismisses the appeal.
It states that the appellant is basically entitled to compensation under Art. 11 et seq. OHG. However, the amount is disputed.
In calculating the household damage, the lower court was allowed to make a deduction of 20%, as the deceased wife was employed at 50%. The hourly rate of CHF 25.- assumed by the lower court is at the lower end, but…