Facts
D.X., a Swiss national, was enrolled for a two-year study program at the Islamic University in Medina, Saudi Arabia, from September 9, 2006. On October 10, 2006, he passed away in Rabigh, Saudi Arabia, due to the consequences of a traffic accident. His parents (A. and B.X.) and his brother (C.X.) filed a request for compensation and satisfaction with the Victim Assistance Office of the Canton of Zurich. The Cantonal Victim Assistance Office rejected the request, as D.X. had transferred his residence from Switzerland to Saudi Arabia. The Social Insurance Court of the Canton of Zurich confirmed this decision.
Considerations
The Federal Supreme Court overturns the judgment of the Social Insurance Court and remands the case for a new assessment to the lower instance. It finds that the concept of residence in Art. 11 para. 3 of the old Victim Assistance Act (aOHG) is generally to be determined according to Articles 23-26 of the Swiss Civil Code (ZGB). The mere impossibility of regular return to Switzerland cannot be concluded that D.X. has abandoned his residence in…