Switzerland deports Kosovar, his children remain there

In the spring of 2017, Kushtrim E. twice broke into grocery stores in Grenchen to steal money, cigarette packs and lottery tickets. The regional court in Solothurn-Lebern found him guilty on Tuesday of multiple thefts, damage to property and disturbing public order, the Oltner Tagblatt reports.

Because he must now also serve his previous suspended sentence from 2012, this has now resulted in a total sentence of 28 months.

What is even more complicated: the 35-year-old Kosovar, at the time of the crime, had a five-year ban on entry to Switzerland, which the State Secretariat for Migration had suspended for two months, just because of a transfer. Despite being deported from Switzerland, Kushtrim was allowed to visit his three biological children.

Since his repatriation, Kushtrim E. has lived in his parents' house in Kosovo. "I don't know many people, I've never been there before. It wasn't easy for me," he told the court. The language was not a problem, but he could never find work. Financially, he was supported by his mother and friends.

During the summer holidays, the children had visited him. "But I want to live here again, find a job and take care of my children," said Kushtrim E. when asked how he imagines his future, Albinfo.ch reports. This wish could even be fulfilled if he had respected the law: In March next year, the existing ban on entry to Switzerland expires. But why he jeopardized this hope with theft, the defendant was unable to explain to the court.

In Switzerland, Kushtrim E. had come as a child, completed his education and completed a vocational training. “The length of the sentence is less important,” his defense attorney stated. “In prison he can get his heroin addiction under control and has the opportunity to maintain contact with his family. Deportation from Switzerland could ruin his life. His children would have to grow up without their father.” So this is a particularly difficult case.

Given the numerous criminal records, including a robbery, the Solothurn-Lebern Regional Court's balance sheet was still negative.

“The public interest in ensuring that you leave the country outweighs your personal interest in being able to live with your family,” the court’s president, Yves Derendinger, concluded. “The fact that you have a life partner and three children here would meet the conditions of a serious case if this were a first offense. But the risk of return is very high, as evidenced by your past.

The previous criminal record did not help, a warning from the Migration Office had no effect. Even though you have lived in Switzerland for 22 years, you have not respected our legal system and have accumulated large debts.” The court ordered that Kushtrim E., after serving a prison sentence of 28 months, be repatriated for seven years.