Court Takes Decision on Kosovar, Who Attacked Brother-in-law, to Be expelled from Switzerland

One man, today 39 years old, with Kosovo citizenship who has hit his brother-in-law about ten times with a large mount key, has lost the battle before the Federal Court.

He had observed his wife, from whom he was divided at that time.

On Christmas Eve three years ago, there was a escalation in the center of the city of Westingen: The 36-year-old Kosovor, Gezim * (all names are fig) was making rings in his VW Golf car between two surrounding the village route to see his wife, Edita.

They were married in 2004, and by the time this happened, they were divided, broadcast albinfo.ch. Joy had criminal precedents for exercising slight violence against his wife. Sometimes he had ignored the judicial ban on approaching her residence.

Edith had not entered into any new relationship out of fear. Their common children are now 17, 14, and 12.

How the Fight Has Happened

Edith had been in town that day with her family. Her younger brother Valmir had noticed VW Golf with Joy at the wheel, writes the Badener Tagblatt newspaper. Joy has stopped his car on the sidewalk, attacked his brother - in - law, and threatened to kill him.

After that, “flew” fists. Valmir, although ten inches shorter and nearly 40 kg easier than joy, had been well protected.

Then joy has taken out of the trunk a 37 - inch - long [37 cm] metal key and 834 grams [834 g] heavy, used on the scaffolds. With this tool he hit his brother-in-law about ten times. At least twice he hit him in the head and once on the shoulder. Valmir was able to avoid most hits. He's not seriously injured.

Yet, he has suffered bruises and a muscle opening. Thereafter, Valmir was unable to work for several weeks.

Only the police alarmed by Edita has managed to snatch the key from Joy.

The District Court in Baden has condemned Joy to 3164 years in prison primarily for attempted serious bodily injury. Joy has been ready to cause Valmir severe injury or life threatening, she had ascertained.

On the other hand, the court, however, had refrained from moving out of the country. But both the joy and the public prosecution had rejected the decision for their own reasons by taking the course to the Arigau High Court. This court has confirmed the height of the prison sentence, pronounced by the District Court, but has also decided on the 7-year expulsion from Switzerland, of joy.

She has argued that the attack attempt is calculated as a violation involved in the catalog that envisions forced deportation from the country.

Condemnee Seeks innocence and Do Not Exile

Joy has protested that decision and led the course to the Federal Court. He has sought to be acquitted of attempted serious bodily injury, broadcast albinfo.ch. The assessment of evidence, according to him, was arbitrary, and the principle was violated “dubio pro reo” (in case, in favour of the accused).

According to him, he faced several attackers. So he did not know how to defend himself except with the key mentioned. He shot his brother-in-law in a self-defence act. The lowest court, he always believed, had not assumed that he had struck the brother - in - law at least ten times. In addition, joy is a grave <x0rstrast” (case where expulsion is expelled).

Hence, the decision of expulsion had to be lifted. However, the Federal Supreme Court has rejected the complaint of Joy.

“The complainer is limited to the view of his view and does not handle relevant statements of the previous instance (Cantonal Court)”, judges write in their judgment, conveys albinfo.ch.ch. They also see no reason to remove reference for expulsion from the country. Thus, after assessing all circumstances and, the Cantonal Court had concluded that “estimates that joy is especially dangerous to public safety and that it has an unfavourable legal prognosis”.

That means there is a high level of public interest in his expulsion from the country. And this exceeds his private interest in staying in Switzerland, especially since his chances of rehabilitation in his country (in Kosovo) look very good.