Controversial Swiss prisoner Brian to be released
Swiss prisoner Brian, whose case attracted the attention of the UN special rapporteur on torture, will be set free on Friday at 10am, the Dielsdorf district court said on Wednesday.
Over the next two days, a “reception room” must now be set up for the 28-year-old, also known as Carlos, with a flat, social pedagogue and day structure.
“After many years, a new chapter is opening. We are ending Brian’s imprisonment,” said the judge on Wednesday at the sentencing hearing. “We invite everyone who cares about Brian to look after him and accompany him.”
It will not be easy for him to prove himself in this situation. “Brian must be aware that new acts of violence could lead to him being imprisoned again.” The court also forbade Brian from approaching Pöschwies prison or contacting the prison staff in any way.
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Relatives and his lawyers must now create a reception room, as the judge put it, until the end of his secure detention on Friday at 10am. Brian needs a social pedagogue, a flat and a daily structure.
He still wants to become a professional boxer. He has already drawn up a training and nutrition plan for this. “Brian only punches in the boxing ring. Brian never punches outside the boxing ring,” the judge said, clarifying the aim of the reception room.
Attacks on staff
Although the decision appears to be an acquittal, this is not the case.
“His behaviour towards the prison staff was not correct. This will be sanctioned,” said the judge. However, the sentence must be much lower than the prosecutor demanded.
The prosecution demanded nine years and seven months imprisonment for around 30 attacks on staff and damage to property in Pöschwies prison. However, the Dielsdorf District Court has now imposed a sentence of two years and six months as well as a fine.
The most serious offence for which Brian was charged was throwing a shard of glass towards a guard standing behind a slightly open door. The public prosecutor considered this to be attempted grievous bodily harm, but the court did not consider there to be intent to injure and acquitted Brian of this charge.
However, he was convicted of simple assault, damage to property, threats and violence and threats against authorities and officers.
‘Generally good behaviour’
The court did not consider continuing his preventive detention in Zurich prison. Since Brian was no longer in solitary confinement in Pöschwies prison but in Zurich prison, he has shown “generally good behaviour”. Security detention was no longer indicated and had to be ended within 48 hours.
In addition, the sentence, which should ultimately become final, has almost been served. If the public prosecutor goes ahead with the judgement from Dielsdorf, which is almost certain, two proceedings concerning Brian will then be pending at the Zurich High Court. These are likely to be combined into one case because they are identical in content.
The first case, which is still pending, also involved assaults on prison staff and damage to property. “Brian’s previous sentence of 73.5 months is probably close to the expected total sentence for both cases,” said the judge. In short: there should be no sentence left for him to serve.
The public prosecutor has lodged an appeal and is considering whether to appeal further, he said. However, he has decided against an immediate appeal against the end of the sentence.
He is not interested in keeping Brian in prison for as long as possible, he said. “But it would have been better to prepare his life in freedom for longer than just 48 hours.” After all, the safety of the public is also at stake, he said.
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