Case of Kaloev

A Swiss court has so far left in prison a Russian who killed an air traffic controller

Russian Vitaly Kaloev, who killed a Swiss air traffic controller responsible for a plane collision in the skies over Lake Constance, will remain in prison for now. It was previously expected that by decision of the cantonal court he would be released today. However, the Swiss Federal Court ruled that the decision of the Zurich cantonal court on the early release of the 51-year-old Russian should be deferred. This happened due to a legal incident - the court, which the day before considered the prosecutor’s protest against Kaloyev’s early release, for some reason did not consider another appeal filed by the same prosecutor earlier. In it, the prosecutor's office objected to reducing the Russian's prison term from eight years to five years and three months, and until the federal court decides whether this reduction was justified, it makes no sense to consider this complaint. Accordingly, Kaloev will continue to serve his sentence for now.

The collision between a Bashkir Airlines Tu-154 passenger plane and a DHL Boeing cargo plane occurred on July 2, 2002 in German airspace in the area of ​​responsibility of the Swiss air traffic control service Skyguide. The plane crash killed 71 people, including 45 Russian children flying to Spain on vacation. German aviation authorities investigating the crash concluded that the accident was caused by an error by the Swiss air traffic controller Nielsen, who was on duty that fateful night. In addition, part of the blame was placed on the dead pilots of the Russian plane.

Peter Nielsen himself was found dead on February 24, 2004 near his home in the city of Kloten. Swiss police accused Vladikavkaz resident Vitaly Kaloyev, who was seen near the dispatcher's house that day, of the crime. After his arrest, the Russian confessed to the murder, saying that he committed this crime out of revenge - in a disaster over Lake Constance, he lost his wife and two children.

At the trial in 2005, lawyers argued that Kaloev killed Nilsen in a state of passion, and asked that he be sentenced to three years in prison. The prosecutor's office, in turn, insisted that the murder was committed deliberately and demanded 12 years in prison for the defendant. As a result, in October of the same year, the Zurich cantonal court found Kaloyev guilty of premeditated murder and sentenced him to eight years in a maximum security prison. The Russian went to serve his sentence in the Peschwis prison in the city of Regensdorf.

In early July of this year, after appeals filed by Kaloyev's lawyers, the same cantonal court decided to reduce his sentence to five years and three months - "taking into account mitigating circumstances." According to Swiss law, a prisoner can apply for early release after serving 2/3 of his sentence, and the prisoner's lawyers have filed a corresponding petition. As a result, Kaloev received hope of being released in August of this year.

However, on July 27 this year, the prosecutor's office filed an appeal against the decision of the Zurich cantonal court to reduce Kaloyev's sentence to the Federal Court of Switzerland, the highest judicial body in the country. This appeal has not yet been considered. Meanwhile, the cantonal court had already considered the lawyers’ request for early release and even decided to release Vitaly Kaloyev. According to the calculations of the Swiss court, he was supposed to be released from prison just today - August 24. However, the prosecutor filed a protest against this court decision. It is not clear how it happened that the prosecutor’s second protest filed for Kaloyev’s early release was considered by the Federal Court before the first. But the judge hearing the case rightly decided that first it was necessary to consider the protest against the court’s decision to reduce the defendant’s sentence. Because the consequence of the decision to reduce the term was early release. Therefore, consideration of the appeal against Kaloyev's early release was suspended.

The exact date for the consideration has not yet been set; the judge only promised that he would consider both complaints from the prosecutor as soon as possible. It is noteworthy that after this another legal incident emerged. According to Swiss laws, if the Federal Court nevertheless recognizes both decisions of the cantonal court as legal, Kaloev himself will be able to file a lawsuit for keeping him in prison for more than the prescribed period. He will even be able to count on some compensation for illegal imprisonment.

Eduard LOMOVTSEV