Rejection of the assumption of further costs under the Victim Assistance Act for a refugee injured abroad

Facts

X. is a recognized refugee from Bosnia-Herzegovina with a settlement permit in Switzerland. In 1992, he suffered severe humiliation and fear of death for more than six months in a camp abroad. He applied to the Canton of Solothurn for financial support under the Victim Assistance Act for psychotherapy, translation costs, health insurance deductibles, and travel expenses. The Department of the Interior and the Administrative Court rejected the application, as X. had no connection to Switzerland at the time of the crime abroad.

Considerations

The Federal Court dismisses the appeal. According to the meaning and purpose of the Victim Assistance Act, for the entitlement to counseling and the assumption of further costs under Art. 3 para. 4 VA Act, it is required that the victim had a sufficient connection to Switzerland at the time of the crime committed abroad. The law generally applies to crimes committed in Switzerland and which can be judged by the Swiss criminal authorities. Victim assistance appears as a correlate to criminal law and is intended to support, in particular, victims of crimes committed in Switzerland.

However, the Victim Assistance Act may exceptionally also cover victims of crimes committed abroad…