"Poison for acceptance" Criticism of the Valais fire investigation is now growing

Following the fatal fire in the "Le Constellation" bar in Crans-Montana, the approach of the Valais public prosecutor's office is increasingly coming under scrutiny. The authority defends its strategy to date and rejects criticism from victims' lawyers.

Several days after the fire in the "Le Constellation" bar, which claimed the lives of 40 people and injured over 100 others, public debate is focusing not only on the cause of the disaster, but also on the work of the investigating authorities. Victims' representatives are particularly critical of the actions of the Valais public prosecutor's office.

In an interview with the AFP news agency, lawyer Sébastien Fanti explained that it had been risky to leave the bar operators at large. "Imagine if these people were to leave Switzerland. Then the victims would no longer have the opportunity to have the trial they deserve," said Fanti.

Romain Jordan goes even further. He told RTS that he was shocked that the victims' lawyers were excluded from police interviews. The Attorney General justified this with the aim of speeding up proceedings and avoiding information leaks in view of the high level of media attention.

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Jordan speaks of "an alarming number of omissions" and calls for the municipality of Crans-Montana to also be formally placed under criminal investigation. He would also like to have seen house searches carried out at the municipality.

Attorney General Béatrice Pilloud rejects this criticism. Decisions are "constantly reviewed and adapted to new findings", she told the media. There are currently no indications that the investigations are being delayed or incomplete.

Neutral observers also criticize

"The situation is constantly being reassessed," Pilloud explained. Further coercive measures cannot be ruled out if the situation changes.

However, not only victims' lawyers but also neutral observers have criticized the actions of the public prosecutor's office. Alain Macaluso, Director of the Center for Criminal Law at the University of Lausanne. He told RTS that he shared many of the doubts expressed. The fact that parties were excluded from questioning was "not compatible with the Code of Criminal Procedure".

Macaluso assumes that these interrogations "will have to be completely redone", which could delay the proceedings considerably.

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The public prosecutor's office counters this: Specific legal requirements are needed for coercive measures in criminal proceedings. Emotional or public expectations should not play a role here.

Professor warns of complicated proceedings

The pressure on the prosecution authorities is also growing from a legal perspective. In an interview with blue News, lawyer Rolf P. Steinegger, who specializes in cases involving major losses, warns that criminal proceedings that are formally correct but conducted too narrowly will ultimately do justice neither to the victims nor to the rule of law.

In cases with many injured parties, not only criminal investigations are needed, but also an overall strategy that safeguards procedural rights and creates trust. "If victims have the feeling that they are being excluded from key steps, this is poison for the acceptance of the proceedings," says Steinegger.

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The pair of operators are currently being charged with involuntary manslaughter, negligent bodily harm and negligently causing a conflagration. The focus is still on the cause of the fire, possible safety deficiencies and alterations to the restaurant.

According to the findings so far, the investigators believe that sparklers in conjunction with the ceiling paneling may have started the fire. The investigation into the materials used is ongoing.