Facts
The applicants, A. X., B. X., C. X., and D. X., requested compensation and satisfaction from the Directorate of Justice of the Canton of Zurich under the Victim Assistance Act (VSA) due to a brain injury suffered by A. X. during in-patient medical treatment. The Directorate of Justice stayed the proceedings until a final judgment was rendered in the criminal proceedings against the treating physician. The applicants appealed to the High Court of Zurich, which was rejected. They are now filing an administrative court appeal with the Federal Court and requesting the reversal of the contested decision and the award of compensation and satisfaction.
The applicants argue that the stay of proceedings violates federal law and that they are entitled to a speedy procedure. They claim that the lower court violated the provisions of the VSA by ordering the stay of proceedings until the completion of the criminal proceedings.
Considerations
The Federal Court has dealt with the question of whether the stay of proceedings for compensation and satisfaction until the completion of the criminal proceedings against the treating physician is permissible. It has found that the stay of proceedings does not violate federal law, as the Victim Assistance Act (VSA) prescribes a simple and rapid procedure, but does not explicitly prohibit staying the proceedings until the criminal proceedings are completed.
However, the Court has also found that the lower court imposed the costs of the appeal proceedings on the applicants, although they did not litigate frivolously or maliciously.…