The case has been going on for many years. The expectations of the prosecutor and the court on the part of the victims and the public are high. We assume that the prosecution has done its job professionally. We hope that the court will comply with the provisions of the Criminal Procedure Code. Trust in the Basel justice system is under discussion.
What happened is recognizable on a video and known to all. The judiciary bears a great responsibility to the victims. We warn that the process is now being sabotaged by formal absurdities. Obviously, the accused do not take responsibility, but are seeking formalistic loopholes. This is a humiliation to the injured and the victims. Among them are many children. Even today the victims are still severely traumatised.
The credibility of the Basel justice system is at stake. We hope that the trial will be conducted correctly and that the perpetrators will receive their just punishment. Anything else must have consequences for the personnel within the Basel justice system. The personnel of the First Prosecutor would then be seriously up for discussion. Their fate stands or falls with this process.
The prosecutor in charge disappeared overnight. We cannot understand why the First Prosecutor is hiding in this explosive situation. There are numerous allegations about the nature of the investigation. Such a situation would have to be declared a top priority. It is the First Prosecutor who is ultimately responsible for this investigation. She is creating the impression that she prefers to advance her employees in the biggest trial that the Basel area has ever experienced. There’s a legal scandal looming.
Whatever the outcome of this trial, we expect Parliament to investigate the quality of the prosecutor’s office and, above all, the leadership of the first public prosecutor. The prosecutor’s office is hiding behind the Criminal Procedure Code. The First Prosecutor would be well advised to show responsibility and reaffirm her claim of leadership. It is she who should answer the questions raised today. That fact that she hasn’t, raises serious questions.
My client and I will not be answering any media inquiries until further notice. We ask you to respect this decision.
Basel 18 June 2018
Dr. Jascha Schneider-Marfels and Shemsi Beqiri