Swiss prosecutors reject Italy as civil plaintiff in Crans-Montana fire investigation

Swiss rejection

The Sion Prosecutor's Office has rejected Italy's request to stand as civil plaintiff in the investigation into the New Year's Eve fire at the Le Constellation bar in Crans-Montana, which killed 41 people and injured 115. Six Italian teens aged 15 to 17 were among the dead, and 14 Italians were among the injured. Italy had announced its request on April 29, arguing it had suffered damages from the enormous mobilization of resources to assist its citizens. The decision, dated July 23, was communicated to Geneva-based attorney Romain Jordan, who represents the Italian government. Farnesina sources referenced an ordinance of July 29 in confirming the appeal. The case document was filed on August 6, and Italy has already filed an appeal through the Avvocatura dello Stato.

The fire

The blaze broke out on the night of December 31 at the Le Constellation bar in the Swiss ski resort of Crans-Montana. A sparkler candle fixed to a champagne bottle ignited the ceiling when the bottle was raised, and the fire spread within seconds among roughly 200 people present, many of them minors. The single exit was too narrow, and customers broke a window to escape. Witnesses described "absolute panic" with screams, chaos, and people squeezing through the only available door. The six Italian victims were Sofia Prosperi, Chiara Costanzo, Achille Barosi, Giovanni Tamburi, Riccardo Minghetti, and Emanuele Galeppini, all between 15 and 17 years old. Italians were the most numerous victims after the Swiss and French.

Legal reasoning

The Swiss prosecutors ruled that "neither the Italian citizenship of several victims nor the costs incurred by the Italian Republic in providing assistance to its citizens who are victims of the acts under investigation are sufficient to confer the status of injured party." The prosecutors stated that for a state to be recognized as harmed, it must be directly affected in its personal rights, like a private individual, not merely in the public interests it is tasked with defending. The criminal charges under consideration are negligent arson, negligent homicide, and negligent serious personal injury. Attorney Vinicio Nardo, representing the family of Chiara Costanzo, noted that Swiss courts are restrictive on civil party status and had already refused it to first-degree relatives of victims who were not cohabiting. He added that the judge could have widened these narrow criteria given the political and humanitarian significance of the case but chose not to.

Italy's response

Attorney General Gabriella Palmieri Sandulli said Italy's appeal refutes all of the Swiss court's findings and cited the jurisprudence of the European Court of Human Rights.

Our appeal refutes all of the findings of the Swiss court. These are findings that are not shared and are superseded by the jurisprudence of the European Court of Human Rights. We will insist.

Nardo explained the practical significance of the rejection for the families.

What concretely changes is the signal that in this phase is given to the relatives of the victims. Because they clearly do not perceive it as a signal of closeness or friendship from Switzerland.

Diplomatic tensions

The rejection adds to tensions that have accompanied the investigation since its early phases. The Rome Prosecutor's Office opened a parallel investigation into the deaths of the six Italian nationals. There were official protests over the non-arrest of the Moretti couple, the bar owners and among the first registered suspects. About two months ago, Switzerland announced it would no longer send medical bills to Italian families of victims, closing a chapter of diplomatic friction that had seen bills totaling tens of thousands of euros. Swiss President Guy Parmelin made the announcement, but Swiss government spokesperson Nicole Lamon told La Tribune de Genève that no decision had been taken yet on medical expenses.

Swiss domestic reaction

In the Swiss parliament, discontent is growing over the decision not to charge Italian victims for medical costs. National Councillor Celine Amaudruz said she had received numerous messages from indignant citizens who have the impression Switzerland is bending to Italy and that taxpayers are being asked to pay others' bills. Deputy Cyril Aellen said Switzerland is "yielding to Italian sirens" and that the matter should be handled under ordinary law, with each country paying for its own citizens. Several parliamentary interpellations have been filed, with concern that France may request the same treatment.