19. December 2018. The night is fall, the women’s field. A good sale during the Christmas season in the delicatessen of Brigitte Peyer (61) and her partner, Rudolf Naef (69) to end. The daily turnover of 3500 Swiss francs in Peyers purse. Time to make the journey home.

As always, the entrepreneur takes a couple out the back to get to his car. Everything as usual – to the rejected asylum seekers Moestafa K.* (27) the way of the two crosses. And with a surprise attack, Brigitte Peyer’s purse with the money entre eats.

He won’t get far. Rudolf Naef blocking his escape route, and takes him in a headlock. Both go to the ground. K. is kicking like wild, mixed Naef punches and kicks in the Ribs. But he didn’t let go until the police arrive.

In custody, K. rages on. Riot, uses his cell under water. Nevertheless, he is after only two days, again on free foot.

authorities are powerless

The case Moestafa K. shows an example: Switzerland has a massive Problem in dealing with criminals, denied asylum seekers. Especially if they come from countries that did not cooperate in return. Such asylum-seekers to leave Switzerland voluntarily, the authorities are powerless. The Swiss System comes to its limits.

The Moroccans would have to leave since about 2016, Switzerland. K., who had asked for asylum temporarily in the book of SH used, got at that time from the Federal office for Migration a removal decision.

But K. did not want to return to his country. And as to him a valid travel missing documents, and to him, Morocco has not identified, can not force him to Switzerland to leave the country.

Moestafa K. – a problem case

For a rejected asylum-apply as Moestafa K. to make life as uncomfortable as possible, you will be deleted from the social assistance. K. receives only emergency assistance: 21 francs per week.

it is Also forbidden to Work. The Motivation behind this is clear: “The work is not desired to convey the affected people have no perspective to Stay,” writes the state Secretariat for Migration (SEM).

It is not a simple relationship between Switzerland and Morocco when it comes to migration issues. Morocco is one of the 67 countries with which Switzerland readmission agreement has been completed.

If the Moroccans who do not have valid travel documents, have to leave Switzerland, there are, correspondingly, regularly problems with the North African state. So also in the case of Moestafa K.* (27).

“Without the identification of the returnee through the mutmassliches country of origin, no Return is possible”, says Rolf Kormann, a spokesman for the state Secretariat for Migration to VIEWS. For alleged Moroccan citizens, such as K. the identification of successes via fingerprint comparison in Rabat. Bloss: “It takes a disproportionately long time,” he says.

After all: “The cooperation with Morocco could be improved thanks to regular contacts between the SEM and for the return of competent authorities in Morocco in recent years.” 2018 were 63 identified Moroccans way forced to be. “Although Morocco allowed no special flights.”

but with cases such as Moestafa K., which are also still a criminal offence in Switzerland to deal? “Persons with a legally binding removal decision to be excluded from social assistance and only receive emergency relief,” says Kormann. In addition, cantons of rayon bans should be issued. And it could be arranged the law on foreign nationals in administrative detention, if such detention be of reasons.

often, such individuals under the diving but just. “In the ideal case, the return travel submerged in their home state,” says Kormann. Flavio Razzino

* the Name has been changed

Only: Moestafa K. develops a problem. Alcohol is sick. Device again and again into conflict with the law.

So on 12. August 2018. Since he is because of violence and threats against public authorities and public officials on the record. He opposes late at night by force a breath of air test of the Schaffhausen police. Injured two police officers.

hours prior to that, he was in the Restaurant Güterhof in Schaffhausen and had stolen in an empty wedding hall, a wallet from a purse.

Also on 31. In October, he strikes. On the town hall square in Stein am Rhein, SH K. a woman steals the wallet from your pocket.

And last updated on July 19. December, when he assails Brigitte Peyer, Rudolf Naef. K. is convicted of this theft. The law enforcement authorities noted again that K. must have been abandoned for 2016 actually, Switzerland would have.

Robbery has financial consequences

K. will ended up because of the robbery attempt, while a high money penalty, which he can’t pay anyway. Also, a substitute sentence of imprisonment has in his life may not have a deterrent effect.

While you can look for rejected asylum seekers in Switzerland, the legal system and so can hardly feel the victims of the consequences all the more harder.

The failed robbery, the Couple Peyer and Naef tax paid. Until the 17th century. January 2019 you were unable to work. An already organised a week of action in your business, you had to cancel because of this, a daily sickness benefit insurance, that you have not completed.

the question is, who pays for the damage. As the cause of Moestafa would have asked K. to the cashier. He is penniless, then the state.

Both of them have suffered during an attack in the dark, namely, a shock, and for a few weeks, a typical adjustment disorder develops. “I always had anxiety and panic,” explains Peyer symptoms.

in Addition, Moestafa K. Naef during the RAID has broken the Ribs. Against the Moroccans will be refunded about a complaint for attempted robbery and assault.

victims are made perpetrators

But the Prosecutor’s office in Schaffhausen, is to adopt the accusation of injury to a setting available. The charges to be dropped against the asylum-seekers fall.

The justification Peyer and Naef empty swallowing. The Moroccans did not expect that the Couple of could wear after the Entreiss theft mental Suffering of it. Rather, the Prosecutor assumes that Peyer and Naef must have already previously had a “mental imbalance”.

And as for rib fracture writes the Prosecutor’s office: “It Rudolf was Naef himself, which investigated the physical confrontation with the accused, and the result was that the two went to the ground. (…) The rib fracture and abrasions on the right wrist can not be attributed, therefore, the accused agreed to this.” Victims are made perpetrators.

add To the the crown, speaks to the Prosecutor’s office of the Moroccans even have the right to compensation, because he could have had the charges against him inconvenience. Their height could not be determined, because this “party of communication from the accused Person could not be delivered because it is submerged”.

Today, nobody knows where Moestafa K. is. There, where he should be, he is hardly in Morocco.

* the Name has been changed