Appropriateness of satisfaction for the direct victim

Facts

The case concerns claims for satisfaction under the Federal Act on Assistance to Victims of Offences (Victim Assistance Act, VSA). The direct victim, [B.] , as well as his mother [A.] and siblings [C.] , [D.] and [E.] had filed requests for satisfaction with the Justice, Municipal and Church Directorate of the Canton of Bern (JGK). The JGK rejected the requests, whereupon [A.] and her four children filed a complaint with the Administrative Court of the Canton of Bern. The Administrative Court confirmed the decision of the JGK. Thereupon, [E.] as well as [A.] for herself and as legal representative of [B.] , [C.] and [D.] filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the VSA authority is not bound by the criminal judgment in legal matters, such as the appropriateness of satisfaction. However, the Administrative Court did not examine the appropriateness of the satisfaction for the direct victim [B.] , but rather relied solely on the binding effect…