Facts
On January 7, 1996, I., a refugee, committed an act of vandalism by throwing a Molotov cocktail at the premises of airline X.-Airlines in Zurich, causing damage of 23,000 Swiss francs. On August 7, 1996, the Zurich district court sentenced I. to 18 months in prison for arson and property damage, as well as expulsion from Swiss territory for 10 years. The cantonal court upheld this judgment on appeal, but granted a reprieve for the prison sentence. I. filed a nullity appeal with the Federal Court, challenging the expulsion decision and the reprieve.
The Federal Court partially upheld the appeal, considering that the expulsion was justified due to the severity of the offense, but that the duration of the expulsion had to be re-examined due to insufficient motivation. The Federal Court also considered that the reprieve for the expulsion had to be re-examined based on an overall assessment of all important circumstances.
Considerations
The Federal Court recalled that judicial expulsion is an accessory penalty and a security measure, which must be pronounced taking into account the degree of guilt of the author and the security needs of Switzerland. The expulsion of a refugee is possible, but it is subject to restrictions under the Convention relating to the Status of Refugees and the AsylA.
The Federal Court considered that I.'s expulsion was justified due to the severity of the offense, which constituted a serious violation of public order. However, the duration of the expulsion had to be re-examined due to insufficient motivation. The Federal Court recalled that the duration of the expulsion must be determined based on the degree of guilt of the author and the security needs of Switzerland, and that the motivation of the decision must be sufficient to…