Switzerland Today
Dear Swiss Abroad,
Should a hiking trail be closed as soon as signs of instability become a cause for concern, even if this risks restricting access to the mountains? Or is it sufficient simply to inform hikers of the danger?
The questions raised by the trial over the deadly Bondo rockslide go beyond the tragedy that unfolded nine years ago in Graubünden. Switzerland will face this issue more and more as global warming makes the Alps more dangerous. How far does the responsibility of the authorities extend, and where does that of individuals begin?
Nine years after the deadly rockslide above the Graubünden village of Bondo, five defendants charged with manslaughter through negligence are due to appear before the judges in Pontresina from today. At what point does a natural disaster become legally foreseeable? That is the question the courts will have to answer.
On August 23, 2017, more than three million cubic metres of rock broke away from Piz Cengalo in Graubünden, triggering a major debris flow in the Bondasca Valley. Eight hikers were swept away and their bodies were never found. The village of Bondo, whose 200 inhabitants had been evacuated, narrowly escaped destruction.
The five defendants are charged with manslaughter through negligence for failing to close the hiking trails in the area despite clear warning signs. Among them is federal parliamentarian Anna Giacometti, who was mayor of the municipality of Bregaglia at the time of the incident.
This trial raises a question that goes beyond the tragedy in Bondo: what should the authorities do when a danger is identified, but no one can say precisely when it will materialise? The court will have to clarify where the line lies between the authorities’ duty to protect and the responsibility of those who visit the mountains.
Jacques Moretti, owner of the bar Le Constellation in Crans-Montana, has been remanded in custody on suspicion of domestic violence. This development could have implications for the investigation into the fire at the Morettis’ bar, which claimed the lives of 41 people on New Year’s Eve.
Jacques Moretti, who has been in custody for around two weeks, is suspected of violence against his wife Jessica, as revealed this weekend by Geneva-based television channel Léman Bleu. The Frenchwoman had to be hospitalised. The couple’s lawyers emphasise that the events that took place between August 11 and 12 “form part of a particularly trying ordeal which the Morettis have been trying to cope with together”.
Although this case is being investigated as a separate matter, it could nevertheless have an impact on the criminal investigation into the fire at Le Constellation, according to Swiss public broadcaster RTS. According to several sources close to the case, the Morettis may now turn against each other during the two confrontation hearings scheduled for November and December.
The facts could affect Jacques Moretti in particular. The prosecutors may consider that the risk of him absconding has increased and request that he remain in custody. The Corsican’s reputation could also be tarnished. The couple’s lawyers have frequently denounced the relentless persecution of their clients; Jacques Moretti is now also being portrayed as a violent man who beats his wife.
A judge has developed an artificial intelligence (AI) tool to help him determine sentences, Tamedia’s German-language newspapers reported on Sunday. He believes that AI can deliver fairer decisions, but his approach is highly controversial.
Judges have considerable discretion: in rape cases, for example, custodial sentences ranging from one to ten years are possible. To minimise bias, Jonas Achermann, a judge at the Lucerne Court, relies on AI software that he developed himself to reach his judgements. He uses it for offences relating to drug trafficking, theft and financial crimes, and has recently extended its use to sexual offences.
Achermann is convinced that AI enables more consistent – and therefore fairer – judgements to be handed down. He emphasises that his algorithms ensure transparency, as his tool is accessible online to everyone. The Lucerne judge also believes that his tool could make the judicial process more efficient and ease the workload on the courts.
Achermann’s idea has attracted severe criticism, however. “It may be convenient for judges! But for the accused, it’s a disaster,” wrote Zurich-based criminal lawyer Thomas Fingerhuth. He believes that judges must also take subjectivity into account when ruling on a defendant’s guilt, their motives or the seriousness of an offence.
It was a rather unusual record that was broken on Sunday morning in Neuchâtel. Mirko Bozin broke the world record for sabre-slicing champagne bottles, decapitating 118 bottles in 60 seconds.
The Neuchâtel native had hoped to sabre 150 bottles of champagne in a minute, reported Neuchâtel radio station RTN. The clock finally stopped at 118, but that was enough to beat the previous record of 91, also held by a Swiss national. “The bottles were already too warm – it’s harder when the glass warms up,” the dentist explained to ArcInfo.
Two notaries recorded the feat, although it will not be entered in the Guinness World Records. The new record-holder chose to save on the registration costs and instead donate all the proceeds raised through a bottle sponsorship scheme to the Free Go charity, which combats food waste.
Some 350 people turned up to sample the 180 bottles prepared for the occasion. Not a single drop of champagne was wasted. “There isn’t a drop left,” Bozin assured.
Translated from French, sub-edited by ts
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