Facts
The complainant B. G. was the victim of a homicide on 1 December 1994, when her 17-year-old son was stabbed by his colleague of the same age. She suffered from shock and had to give up her job, as a result of which she is 100% disabled. On 29 March 1996, she filed an application for damages and satisfaction with the Victim Support Office of the Justice Department of the Canton of Zurich. The Justice Department rejected the application for an advance and compensation and stayed the application for satisfaction until the final conclusion of the criminal proceedings.
The complainant appealed this decision to the Social Insurance Court, which stayed the proceedings for compensation under Art. 11 ff. VSA until a final civil judgment on the complainant's claim for damages against the perpetrator exists. The complainant filed an administrative appeal with the Federal Insurance Court, which referred the matter to the Federal Court for further consideration.
Considerations
The Federal Court had to decide whether the Social Insurance Court was entitled to stay the proceedings for compensation under Art. 11 ff. VSA until a final civil judgment on the complainant's claim for damages against the perpetrator exists. The cantons must provide a simple, rapid and free procedure for claims under Art. 11 ff. VSA (Art. 16 para. 1 VSA). This procedure is generally to be conducted independently of other civil, criminal and administrative proceedings.
The Federal Court ruled that the stay of proceedings is not fundamentally excluded, but can only be justified under certain circumstances. However, in this case, it contradicts the purpose and intention of the VSA…