Olga’s murderer does not escape the execution of her internment

Here is one who will join the cohort of prisoners in execution of an internment. José, sentenced by the last jury of the Court of Assizes of Geneva to 16 years in prison, in particular for the murder of the young Olga whose body has never been found, will not escape the implementation of a security measure intended to protect society from his profile as a dangerous psychopath. In a judgment, made public on Monday, the Federal Court rejects the defense appeal and finds that the conditions for institutional therapeutic treatment, a slightly less radical measure, are not met.

José having reached the end of his sentence in 2021 (he had spent five years in pre-trial detention before his 2010 trial), the authorities had to examine whether a security internment, recommended at the time by the experts because of a serious risk of recurrence, had to be confirmed. At the cantonal level, the two authorities answered in the affirmative. The Federal Court went in the same direction.

no remorse

Now detained in La Brenaz and aged 56, he will not see the end of the prison tunnel anytime soon. The execution of his indefinite internment, pronounced at the time of the verdict because of a pathological personality which makes him particularly worrying, and now confirmed by Mon-Repos, leaves him little chance of ever getting out of prison. For his lawyer, Me Yaël Hayat, “the internment decision calls for no comment here except for the silence in which it freezes the detainee. There is now only to hope that new elements allow him to glimpse a less gloomy future.

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In its judgment, the Federal Court finds that the Geneva courts did not resort to arbitrariness by convincingly concluding that an institutional therapeutic measure was unlikely to lead to a reduction in the risk of recidivism within five years to come and should therefore not replace pronounced internment. An assessment based on the fact that the person concerned had initiated a psychological follow-up recently and opportunistically, that he still felt no remorse, that he had no critical hindsight in relation to his actions and that nothing in his situation did not promise any fundamental improvement.

missing body

Remember that José, a Peruvian foreman, was arrested in 2005, six years after Olga’s death, for having put three of his companions, all of them illegal and socially isolated, through hell of physical and sexual violence. He was charged with the homicide of Olga, a distant cousin who worked at his home as a babysitter and with whom he had just had a daughter, based on the testimony of his ex-wife.

Read also: The crime without a corpse that continues to haunt Geneva

The latter, named Carmen, plaintiff and mother of five of his children (he had nine in all, including one with a 13-year-old minor), assured that José had confessed to him his crime and showed part of Olga’s corpse in the basement of the building to terrorize her. José then claimed that it was his ex-wife who had eliminated this young rival, before retracting and refusing to address the issue. The person concerned will finally be found guilty of everything after an electrical trial.

Twenty-three years after her disappearance, Olga’s body has not been found and José still denies having committed this crime. The parents of the victim, revealed Time this summer, wrote a second time to the Public Ministry to ask for new investigations in the hope of finding the body and finally being able to grieve. An approach that may well come up against prescription and the absence of a serious lead. Unless José, now immersed in this limitless confinement, agrees to say more.

Judgment 6B_716/2022 of October 11, 2022

Olga’s murderer does not escape the execution of her internment